Dealing With It: The Citizen's Guide to the DUI/DUI Case Process

The following are Chapters 1 - 3 of Jay Ruane's latest book. For a FREE version of the complete book, please complete the form on this page.

Table of Contents

Introduction
Chapters:

1. The Basics
2. The DUI Law
3. Alcohol: Why & How
4. The Role of the Police
5. The Field Sobriety Tests
6. The Intoxilyzer 5000
7. The DMV Process
8. Drivers' License Points
9. Records, Insurance & CDL
10. The Criminal Process
11. License Suspension
12. Boating Under the Influence
13. Conclusion

Appendix A: Our Team

INTRODUCTION [top]

This book is meant to serve as an introduction to the legal concepts and scientific principles which are found commonly in DUI cases in Connecticut. It is not meant, in any way, to supplant earnest representation by a skilled, qualified DUI defense attorney.

The prosecution of DUI cases has evolved over time, and so has the DUI defense attorney. Years ago, DUI was a minor issue, and the punishments were similarly minor. The last 30 years, however, have fundamentally altered the landscape of DUI prosecutions and defense. More and more, citizens are turning to highly skilled DUI attorneys to represent them in the defense against the charges coming from the state.

As the penalties grow, from originally a modest fine to the recent punishment of vehicle seizure, financial penalties in the thousands and potential (and sometimes mandatory) incarceration, honest and hardworking citizens without any prior involvement with the criminal justice system find themselves cast as a “substance abuser” and a scourge to society. In some states, and in a limited way in Connecticut, prosecutors are not free to just drop a DUI case without going before a Court and giving a reason why and more strict limitations are sure to come in the future. The blood alcohol threshold has evolved over time as well, starting at 0.15, and now at 0.08. It is possible that one day we could be facing a zero tolerance for any mixture of alcohol and driving, with or without actual impairment.

Throughout these chapters you will find more in depth information about DUI, the law, the science and the myths in Connecticut. If you have any questions, please feel free to contact us at our office (Appendix A). A DUI allegation can cause restless nights and panic for even the calmest of persons. Your questions are important and you should have a FULL understanding of all the legal predicaments you are facing. Many people just fold in the face of such opposition, but by simply opening this book you have taken a step which many people do not do and for that you should be proud of yourself. Read the following pages to see how you may better assist in your own defense, and don’t hesitate to speak to an attorney about your case. Many attorneys will offer a free consultation. Put the attorney to a test, because, in a way, your life is in their hands, and you deserve the absolute best defense.

CHAPTER 1 • THE BASICS [top]

In the state of Connecticut, you are legally intoxicated if your blood alcohol content (BAC) is a .08 or higher. If you are under the legal age to consume alcohol (21 years old), you are considered legally intoxicated if you have a BAC of .02 or higher. Connecticut has an Implied Consent Law that states that every person who operates a motor vehicle has consented to take a test to determine their blood alcohol content at any time while they are operating a motor vehicle. A person who operates a motor vehicle under the influence of alcohol or drugs will face both criminal and administrative charges. The criminal charges require an appearance in court to prosecuted for DUI. The administrative charges deal with the automatic suspension of your license by the DMV. The Court and DMV are totally independent of each other, however both carry serious penalties.

If you are arrested for a DUI in the state of Connecticut:

• You will be detained by the police and read your rights.
• You will be handcuffed.
• Your vehicle will be searched.
• Your vehicle will be towed at your expense.
• You will be taken in a police cruiser to the police station.
• You will be asked to submit to a BAC test.
• You will be kept in a police lock-up until you are bailed out or released by a judge through an in-court arraignment.

At the Connecticut Department of Motor Vehicles (the "DMV") all applications for new licenses and renewals are reviewed for previous DUI convictions in other states as well as other serious offenses prior to issuing the license. If a person applying for a Connecticut State license has a previous DUI in another state, it is considered a prior offense within Connecticut if a license is administered.

Connecticut uses many different techniques when detecting and apprehending drunk drivers which include sobriety checkpoints, blanket patrols, publicized enforcement campaigns, standardized field sobriety testing, preliminary breath tests, mobile videotaping and BAT Mobiles. Identifying drunk drivers who continue the same behavior of heavy drinking followed by driving is essential in effectively keeping them off the road. The state of Connecticut has over 3.5 million drivers and on average, about 20,000 DUI arrests each year. Any person convicted of DUI will have "at risk driver" imprinted on the back of their license to easily identify them.

For first time offenders, there is a chance, however, to enter into a diversion program. The offender may be allowed to enter into a pre-trial education program for alcohol abuse and it is possible for the court to dismiss charges upon completing the program satisfactorily. The rehabilitation can take the form of outpatient or inpatient treatment.

After conviction, whether after plea or trial, judges most often order defendants to go through an alcohol assessment and evaluation program to determine the level and scope of their problems with alcohol. Treatment for all offenders is mandatory and without successful completion of treatment, license reinstatement will not occur.

IMPORTANT NOTE:
If the DMV suspends your license to drive for a DUI arrest or conviction and you are found operating any vehicle, you will face a MANDATORY 30 DAY JAIL SENTENCE which cannot be reduced by a judge unless the judge finds mitigating circumstances.

CHAPTER 2 • THE DUI LAW [top]

Connecticut General Statutes

Section 14-227a. Operation while under the influence of liquor or drug or while having an elevated blood alcohol content. (a) Operation while under the influence or while having an elevated blood alcohol content. No person shall operate a motor vehicle while under the influence of intoxicating liquor or any drug or both. A person commits the offense of operating a motor vehicle while under the influence of intoxicating liquor or any drug or both if such person operates a motor vehicle on a public highway of this state or on any road of a district organized under the provisions of chapter 105, a purpose of which is the construction and maintenance of roads and sidewalks, or on any private road on which a speed limit has been established in accordance with the provisions of section 14-218a, or in any parking area for ten or more cars or on any school property (1) while under the influence of intoxicating liquor or any drug or both, or (2) while such person has an elevated blood alcohol content. For the purposes of this section, "elevated blood alcohol content" means a ratio of alcohol in the blood of such person that is eight-hundredths of one per cent or more of alcohol, by weight.

In State v. Ducatt, 22 Conn. App. 88, 575 A.2d 708, cert. denied, 217 Conn. 804, 584 A.2d 472 (1990), The Appellate court addressed the issue of what constitutes operation of a motor vehicle within the meaning of § 14-227a (a) (1). They concluded that an individual "operates a motor vehicle within the meaning of General Statutes § 14-227a (a) when, while under the influence of alcohol or any drug and while in the vehicle and in a position to control its movements, he manipulates, for any purpose, the machinery of the motor or any other machinery manipulable from the driver's position that affects or could affect the vehicle's movement, whether the accused moves the vehicle or not." The statute does not require that intent to move the vehicle be established. This established the "keys in the ignition" rule as determinative as whether a car is "in operation" The car never even has to move, or a person never has to give the car gas, and the element of "operation has been met."

(b) Admissibility of chemical analysis. Except as provided in subsection (c) of this section, in any criminal prosecution for violation of subsection (a) of this section, evidence respecting the amount of alcohol or drug in the defendant's blood or urine at the time of the alleged offense, as shown by a chemical analysis of the defendant's breath, blood or urine shall be admissible and competent provided: (1) The defendant was afforded a reasonable opportunity to telephone an attorney prior to the performance of the test and consented to the taking of the test upon which such analysis is made; (2) a true copy of the report of the test result was mailed to or personally delivered to the defendant within twenty-four hours or by the end of the next regular business day, after such result was known, whichever is later; (3) the test was performed by or at the direction of a police officer according to methods and with equipment approved by the Department of Public Safety and was performed in accordance with the regulations adopted under subsection (d) of this section; (4) the device used for such test was checked for accuracy in accordance with the regulations adopted under subsection (d) of this section; (5) an additional chemical test of the same type was performed at least thirty minutes after the initial test was performed or, if requested by the police officer for reasonable cause, an additional chemical test of a different type was performed to detect the presence of a drug or drugs other than or in addition to alcohol, provided the results of the initial test shall not be inadmissible under this subsection if reasonable efforts were made to have such additional test performed in accordance with the conditions set forth in this subsection and such additional test was not performed or was not performed within a reasonable time, or the results of such additional test are not admissible for failure to meet a condition set forth in this subsection; and (6) evidence is presented that the test was commenced within two hours of operation. In any prosecution under this section it shall be a rebuttable presumption that the results of such chemical analysis establish the ratio of alcohol in the blood of the defendant at the time of the alleged offense, except that if the results of the additional test indicate that the ratio of alcohol in the blood of such defendant is twelve-hundredths of one per cent or less of alcohol, by weight, and is higher than the results of the first test, evidence shall be presented that demonstrates that the test results and the analysis thereof accurately indicate the blood alcohol content at the time of the alleged offense.

Breath Testing and Admissibility
In State v. Nokes, the court held that although the language calls for a rebuttable presumption for the chemical evidence to go to the jury, it should be charged as a permissive inference in the jury charge so as to not shift the burden of the evidence away from the prosecution

Blood Testing and Admissibility In State v. Coughlin. the State was unable to identify the person who drew the defendant's blood. Accordingly, the Defense moved to preclude the evidence because it could not be shown that the blood draw was done in accordance with 14-227l.

The State, at trial, offered the testimony of the Vivian Weinberger, who testified that the emergency room policy was to have the blood drawn by a person who would have fulfilled the statute's requirements. The Court held that the procedure of the hospital to have a qualified person draw the blood, even in the absence of proof that a qualified person drew the blood of the defendant, was sufficient to allow the blood test results into evidence.

When State v. Kirsch is read in conjunction with Coughlin, it is apparent that from now on, all blood tests done at hospitals will come in against the defendant. Kirsh argued that the mere acceptance of the blood test because it was qualified under statute 52-180 was in error because it still did not obviate the need for a Porter hearing on the methodology of the blood analysis. The Supreme Court agreed with the premise, however, the Supreme Court also found that the methodology of blood collection in the hospital was a sound and scientifically valid method used for at least 15 years in the diagnosis and treatment of patients. In essence, the Supreme Court has then permanently permitted Blood evidence of intoxication.

(c) Evidence of blood alcohol content. In any prosecution for a violation of subdivision (1) of subsection (a) of this section, reliable evidence respecting the amount of alcohol in the defendant's blood or urine at the time of the alleged offense, as shown by a chemical analysis of the defendant's blood, breath or urine, otherwise admissible under subsection (b) of this section, shall be admissible only at the request of the defendant. (d) Testing and analysis of blood, breath and urine. The Commissioner of Public Safety shall ascertain the reliability of each method and type of device offered for chemical testing and analysis purposes of blood, of breath and of urine and certify those methods and types which said commissioner finds suitable for use in testing and analysis of blood, breath and urine, respectively, in this state. The Commissioner of Public Safety shall adopt regulations, in accordance with chapter 54, governing the conduct of chemical tests, the operation and use of chemical test devices, the training and certification of operators of such devices and the drawing or obtaining of blood, breath or urine samples as said commissioner finds necessary to protect the health and safety of persons who submit to chemical tests and to insure reasonable accuracy in testing results. Such regulations shall not require re-certification of a police officer solely because such officer terminates such officer's employment with the law enforcement agency for which certification was originally issued and commences employment with another such agency.

In fact, our state Toxicologist has testified that the Intoxilyzer machine, as it is created to function, does not comply with the written requirements for alcohol testing. Despite that fact, judges routinely allow the evidence in against criminal defendants.

(e) Evidence of refusal to submit to test. In any criminal prosecution for a violation of subsection (a) of this section, evidence that the defendant refused to submit to a blood, breath or urine test requested in accordance with section 14-227b shall be admissible provided the requirements of subsection (b) of said section have been satisfied. If a case involving a violation of subsection (a) of this section is tried to a jury, the court shall instruct the jury as to any inference that may or may not be drawn from the defendant's refusal to submit to a blood, breath or urine test.

(f) Reduction, nolle or dismissal prohibited. If a person is charged with a violation of the provisions of subsection (a) of this section, the charge may not be reduced, nolled or dismissed unless the prosecuting authority states in open court such prosecutor's reasons for the reduction, nolle or dismissal.

Because of this part of the Law, many prosecutors are unwilling to reduce or drop a DUI case. Many times, they would rather go to trial and lose then drop a case. That way, they can "blame" the jury and not lose face with MADD, judges and other prosecutors.

(g) Penalties for operation while under the influence. Any person who violates any provision of subsection (a) of this section shall: (1) For conviction of a first violation, (A) be fined not less than five hundred dollars or more than one thousand dollars, and (B) be (i) imprisoned not more than six months, forty-eight consecutive hours of which may not be suspended or reduced in any manner, or (ii) imprisoned not more than six months, with the execution of such sentence of imprisonment suspended entirely and a period of probation imposed requiring as a condition of such probation that such person perform one hundred hours of community service, as defined in section 14-227e, and (C) have such person's motor vehicle operator's license or nonresident operating privilege suspended for one year; (2) for conviction of a second violation within ten years after a prior conviction for the same offense, (A) be fined not less than one thousand dollars or more than four thousand dollars, (B) be imprisoned not more than two years, one hundred twenty consecutive days of which may not be suspended or reduced in any manner, and sentenced to a period of probation requiring as a condition of such probation that such person perform one hundred hours of community service, as defined in section 14-227e, and (C) (i) have such person's motor vehicle operator's license or nonresident operating privilege suspended for three years or until the date of such person's twenty-first birthday, whichever is longer, or (ii) if such person has been convicted of a violation of subdivision (1) of subsection (a) of this section on account of being under the influence of intoxicating liquor or of subdivision (2) of subsection (a) of this section, have such person's motor vehicle operator's license or nonresident operating privilege suspended for one year and be prohibited for the two-year period following completion of such period of suspension from operating a motor vehicle unless such motor vehicle is equipped with a functioning, approved ignition interlock device, as defined in section 14-227j; and (3) for conviction of a third and subsequent violation within ten years after a prior conviction for the same offense, (A) be fined not less than two thousand dollars or more than eight thousand dollars, (B) be imprisoned not more than three years, one year of which may not be suspended or reduced in any manner, and sentenced to a period of probation requiring as a condition of such probation that such person perform one hundred hours of community service, as defined in section 14-227e, and (C) have such person's motor vehicle operator's license or nonresident operating privilege permanently revoked upon such third offense. For purposes of the imposition of penalties for a second or third and subsequent offense pursuant to this subsection, a conviction under the provisions of subsection (a) of this section in effect on October 1, 1981, or as amended thereafter, a conviction under the provisions of either subdivision (1) or (2) of subsection (a) of this section, a conviction under the provisions of section 53a-56b or 53a-60d or a conviction in any other state of any offense the essential elements of which are determined by the court to be substantially the same as subdivision (1) or (2) of subsection (a) of this section or section 53a-56b or 53a-60d, shall constitute a prior conviction for the same offense.

(h) Suspension of operator's license or nonresident operating privilege. (1) Each court shall report each conviction under subsection (a) of this section to the Commissioner of Motor Vehicles, in accordance with the provisions of section 14-141. The commissioner shall suspend the motor vehicle operator's license or nonresident operating privilege of the person reported as convicted for the period of time required by subsection (g) of this section. The commissioner shall determine the period of time required by said subsection (g) based on the number of convictions such person has had within the specified time period according to such person's driving history record, notwithstanding the sentence imposed by the court for such conviction. (2) The motor vehicle operator's license or nonresident operating privilege of a person found guilty under subsection (a) of this section who is under eighteen years of age shall be suspended by the commissioner for the period of time set forth in subsection (g) of this section, or until such person attains the age of eighteen years, whichever period is longer. (3) The motor vehicle operator's license or nonresident operating privilege of a person found guilty under subsection (a) of this section who, at the time of the offense, was operating a motor vehicle in accordance with a special operator's permit issued pursuant to section 14-37a shall be suspended by the commissioner for twice the period of time set forth in subsection (g) of this section. (4) If an appeal of any conviction under subsection (a) of this section is taken, the suspension of the motor vehicle operator's license or nonresident operating privilege by the commissioner, in accordance with this subsection, shall be stayed during the pendency of such appeal.

(i) Installation of ignition interlock device. (1) The Commissioner of Motor Vehicles shall permit a person whose license has been suspended in accordance with the provisions of subparagraph (C)(ii) of subdivision (2) of subsection (g) of this section to operate a motor vehicle if (A) such person has served not less than one year of such suspension, and (B) such person has installed an approved ignition interlock device in each motor vehicle owned or to be operated by such person. No person whose license is suspended by the commissioner for any other reason or who has not enrolled in the treatment program established under section 14-227f or obtained a waiver from the requirement to participate in such program pursuant to subsection (c) of said section 14-227f, shall be eligible to operate a motor vehicle equipped with an approved ignition interlock device. (2) If the commissioner determines that any person whose license has been suspended in accordance with the provisions of subsection (h) of this section may have a condition that would render such person incapable of safely operating a motor vehicle, the commissioner may, as a condition of the reinstatement of such license, require that such person only operate a motor vehicle that is equipped with a functioning, approved ignition interlock device for such period of time as may be prescribed by the commissioner. (3) All costs of installing and maintaining an ignition interlock device shall be borne by the person required to install such device. (4) The commissioner shall adopt regulations, in accordance with the provisions of chapter 54, to implement the provisions of this subsection. The regulations shall establish procedures for the approval of ignition interlock devices, for the proper calibration and maintenance of such devices and for the installation of such devices by any firm approved and authorized by the commissioner. (5) The provisions of this subsection shall not be construed to authorize the continued operation of a motor vehicle equipped with an ignition interlock device by any person whose operator's license or nonresident operating privilege is withdrawn, suspended or revoked. (6) The provisions of this subsection shall apply to any person whose license has been suspended in accordance with the provisions of subparagraph (C)(ii) of subdivision (2) of subsection (g) of this section on or after September 1, 2003.

(j) Participation in alcohol education and treatment program. In addition to any fine or sentence imposed pursuant to the provisions of subsection (g) of this section, the court may order such person to participate in an alcohol education and treatment program.

(k) Seizure and admissibility of medical records of injured operator. Notwithstanding the provisions of subsection (b) of this section, evidence respecting the amount of alcohol or drug in the blood or urine of an operator of a motor vehicle involved in an accident who has suffered or allegedly suffered physical injury in such accident, which evidence is derived from a chemical analysis of a blood sample taken from or a urine sample provided by such person after such accident at the scene of the accident, while en route to a hospital or at a hospital, shall be competent evidence to establish probable cause for the arrest by warrant of such person for a violation of subsection (a) of this section and shall be admissible and competent in any subsequent prosecution thereof if: (1) The blood sample was taken or the urine sample was provided for the diagnosis and treatment of such injury; (2) if a blood sample was taken, the blood sample was taken in accordance with the regulations adopted under subsection (d) of this section; (3) a police officer has demonstrated to the satisfaction of a judge of the Superior Court that such officer has reason to believe that such person was operating a motor vehicle while under the influence of intoxicating liquor or drug or both and that the chemical analysis of such blood or urine sample constitutes evidence of the commission of the offense of operating a motor vehicle while under the influence of intoxicating liquor or drug or both in violation of subsection (a) of this section; and (4) such judge has issued a search warrant in accordance with section 54-33a authorizing the seizure of the chemical analysis of such blood or urine sample. Such search warrant may also authorize the seizure of the medical records prepared by the hospital in connection with the diagnosis or treatment of such injury.

(l) Participation in victim impact panel program. If the court sentences a person convicted of a violation of subsection (a) of this section to a period of probation, the court may require as a condition of such probation that such person participate in a victim impact panel program approved by the Court Support Services Division of the Judicial Department. Such victim impact panel program shall provide a nonconfrontational forum for the victims of alcohol-related or drug-related offenses and offenders to share experiences on the impact of alcohol-related or drug-related incidents in their lives. Such victim impact panel program shall be conducted by a nonprofit organization that advocates on behalf of victims of accidents caused by persons who operated a motor vehicle while under the influence of intoxicating liquor or any drug, or both. Such organization may assess a participation fee of not more than twenty-five dollars on any person required by the court to participate in such program.

CHAPTER 3 • ALCOHOL: WHY & HOW [top]

The most commonly used intoxicating substance in society today is alcohol. Alcohol is an organic compound, which can be defined as a compound that is comprised of naturally occurring elements with carbon atoms. The most common members of the alcohol family include ethanol and methanol. The alcohol in a beverage is ethyl alcohol or ethanol, which molecularly is H3C2-OH. The OH group at the end of the group of molecules is what makes the compound an alcohol. When alcohol is ingested into the body, it passes from the stomach into the small intestine where it is then absorbed by the blood and transposed throughout the body. Because of the quick pace that alcohol moves throughout the entire body, it can reach and affect the central nervous system even in small concentrations. The more alcohol that is ingested, the more it will impact the central nervous system and act as a central nervous system depressant. The functioning of the central nervous system is greatly effected and is proportionately affected by the amount of alcohol consumed.

Alcohol impairs each of the functioning systems of the body differently. Alcohol consumption can cause the central nervous system to impair motor skills, decrease inhibitions, impair judgment and body control, induce mental confusion, vomiting, tiredness and respiratory arrest, which could result in death. For the most part, people in the United States know their limit and control their alcohol intake without problems.

Alcohol enters the body through absorption, which is the first stage of a three stage process of absorption, distribution and elimination. The three processes happen simultaneously, with absorption happening first, as it is necessary to introduce the alcohol into the body.

Absorption of alcohol is the process by which alcohol is transferred from outside the body to the stomach, small intestine and then throughout the body through the bloodstream. Once ingested, alcohol is constantly absorbed into, and eliminated from the body. The rate of absorption is variable and is affected by the presence of food in the stomach, food composition (carbohydrates or fats), the alcohol concentration of the beverage consumed, the rate of consumption, uptake from the stomach and duodenum, emotional state, and the time of day. Ingested alcohol that has not yet been absorbed from the stomach and intestines has no neurological effects and cannot cause driving impairment. Conversely, alcohol that has been fully absorbed may cause driving impairment, if at a level which impairs driving. Consequently the timeframe in which alcohol is absorbed into the bloodstream and the corresponding volume absorbed are matters of great significance in predicting an ultimate blood alcohol concentration.

The gastrointestinal tract is the main source for absorbing alcohol, although it is absorbed by different parts of the body through blood diffusion. The small intestine has a large surface area and is the most efficient part of the tract for alcohol absorption. In a person with an empty stomach, peak blood alcohol concentrations are achieved on average 0.75 to 1.35 hours depending upon dose and last meal and those without an empty stomach exhibit peak blood alcohol concentrations between one and six hours, but on average between 1.06 and 2.12 hours depending on quantity consumed and most recent meal.

The ingestion of food will slow the absorption of alcohol into a person's bloodstream. The pyloric valve will close off the bottom of the stomach to contain the food ingested therefore blocking the alcohol from reaching the small intestine. The alcohol will still absorb through the lining of the stomach, but this process is much slower, and the alcohol that is suppressed within the stomach is eliminated from the body at a faster rate.

Any medications that you are taking can increase the effects of alcohol, so be sure to check the labels on the medications or consult a physician before drinking and taking medication. Some medications will react violently when combined with alcohol and antibiotics may become ineffective when taken in combination with alcohol.

The different types of alcohol that a person ingests can affect the consumption rate due to the difference in the actual concentrations of alcohol in different alcoholic beverages. If a drink has an alcohol concentration between 10% and 30% such as beers, malt liquor and many table wines, they are absorbed more quickly than those above 30% and below 10%. This often plays a role in the increasing blood alcohol level after a person ingests a "shot" prior to leaving the social event. The shot will absorb much slower than the beer he or she may have been drinking, and may increase a person's blood alcohol level while the person is in police custody. Those drinks with lower alcohol content tend to be missed by the body while in the gastrointestinal tract and they absorb very slow and large quantities can delay the process of gastric emptying. Amounts higher irritate the mucous membranes causing increased secretion of the mucous and again slowing the process of gastric emptying. Therefore, two people with similar body types can drink the same amount of alcohol but if the individuals are of different weights then one will have a larger percentage water in the body and therefore will become intoxicated less quickly.

The blood alcohol concentration within a person's body is a function of the total amount of alcohol in one's body systems divided by the total body water. [Read More]

An individual with more muscle mass will most likely be less affected than someone with a higher body fat content due to the fact that fatty tissue does not contain very much water and will therefore not absorb much of the alcohol. At any particular blood alcohol content, a driver may be significantly less impaired than another due to a greater tolerance to the effects of alcohol. For this reason, a driver's apparent sobriety as seen through an obvious lack of impairment or a demonstration that the driver could perform tasks in a sober manner, sometimes may be used as evidence to rebut an incriminating blood-alcohol test result.

Gender can also play a part in the elimination of alcohol. On average, women tend to eliminate alcohol at a rate that is 10% greater than men do. When a person has prolonged or heavy use of a drug, a tolerance is developed, and therefore, it is eliminated at a faster pace. There are two types of tolerance that men and women should understand. The first is functional tolerance that can be described as a change in the organ or the system's sensitivity to

Two Types Of Tolerance:

Functional
Metabolic

This is seen with chronic users of alcohol where their system and organs have adapted to the abuse the chronic user has done over the years to the body that their body has a functional tolerance to accept twice that of an average person. The second type of tolerance is called metabolic tolerance. Chronic users of alcohol can develop this type of tolerance and will allow the rate of the metabolism of alcohol rise to a level that is 72% faster than the average person. In this tolerance, the person's body is constantly creating alcohol dehydrogenate, an enzyme which enables the body to process alcohol. Although chronic users can handle larger quantities of alcohol, studies have shown that they still have impairment at the .08% BAC level. Elimination of alcohol is processed by the liver, the last stop in the in the absorption and elimination process of alcohol. The majority of alcohol that is ingested is eliminated through normal body metabolism and the remainder is eliminated through excretion in one's breath, urine, sweat, feces, and saliva. A normal person will eliminate alcohol at a rate of .5 oz of alcohol every hour, however, there are things that can affect that rate. Alcohol elimination rate is inversely proportionate to the concentration of alcohol within the blood. If the concentration of alcohol is extremely high or low, the rate at which the body eliminates the alcohol tends to be much faster. As a person gets older, their ability to metabolize alcohol diminishes, but alcoholics still tend to metabolize alcohol in their bodies much faster. If an individual consumes alcohol at a rate faster than the rate of elimination this will result in a higher blood alcohol concentration for a longer period of time.

APPENDIX A • OUR TEAM [top]

Ruane Attorneys at Law
1 Enterprise Drive
Shelton, CT 06484

Office: 203.382.0394
Fax: 203.334.1591

24 Hour Hotline: 1-800-NOT-DRUNK

www.CTDWI.com
www.ConnecticutCriminalDefense.com

James O’Neill Ruane, Attorney
Click to email.

Melissa Pinto, Case Manager
Click to email.

Sean Barrett, Legal Assistant
Click to email.

James J. Ruane, Attorney
Click to email.

Krista M. Anroman, Case Manager
Click to email.

Taken from:
Dealing With It - A Citizens Guide to the DUI/DWI Justice System In Connecticut, 2nd edition.

By Attorney Jay Ruane

Ruane Attorneys At Law
Shelton, CT

Edited by Sean Barrett

Copyright © 2005
All Rights Reserved
Ruane Attorneys At Law