Connecticut's Statutes Pertaining to DUI

Taken from the General Assembly's website pertaining to CHAPTER 248* VEHICLE HIGHWAY USE

Sec. 14-227. Operation while intoxicated. Section 14-227 is repealed.

(1949 Rev., S. 2412; 1963, P.A. 616, S. 3.)

Sec. 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.

(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.

(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 recertification 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.

(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.

(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.

(1963, P.A. 616, S. 1; February, 1965, P.A. 219; 1967, P.A. 612, S. 1; 1969, P.A. 450, S. 4; 1971, P.A. 318; 741; P.A. 73-253, S. 4; P.A. 75-308, S. 1; P.A. 76-6, S. 1, 2; P.A. 77-340, S. 8; 77-614, S. 323, 610; P.A. 80-438, S. 2, 3; P.A. 81-144, S. 1, 2; 81-446, S. 2; P.A. 82-408, S. 2; P.A. 83-63, S. 1-3; 83-534, S. 1; 83-571, S. 4; P.A. 84-198, S. 3, 7; 84-429, S. 40; 84-546, S. 43, 173; P.A. 85-387, S. 1; 85-596, S. 1; P.A. 86-345; P.A. 88-85; 88-302; P.A. 89-110, S. 4; 89-314, S. 2, 5; P.A. 90-230, S. 21, 101; P.A. 91-407, S. 9, 42; P.A. 93-271, S. 2, 3; 93-302, S. 1-3; 93-371, S. 2, 4, 5; 93-381, S. 9, 39; P.A. 94-60; May 25 Sp. Sess. P.A. 94-1, S. 18, 130; P.A. 95-257, S. 12, 21, 58; 95-314, S. 1; P.A. 99-218, S. 3, 4, 16; 99-255, S. 1; P.A. 00-196, S. 49, 50; P.A. 01-201, S. 1; P.A. 02-70, S. 69; May 9 Sp. Sess. P.A. 02-1, S. 108; P.A. 03-265, S. 1; 03-278, S. 47; P.A. 04-199, S. 31; 04-257, S. 101.)

History: 1965 act added district roads to Subsec. (a); 1967 act prohibited operation of vehicle while under influence of both liquor and intoxicating drug in Subsec. (a); 1969 act included in prohibition operation of vehicle on private roads with established speed limits; 1971 acts included in prohibition operation of vehicle in parking area for ten or more cars, reduced alcohol in blood level from fifteen-hundredths to ten-hundredths of one per cent of alcohol and clarified evidential aspect of test results in Subdiv. (2) of Subsec. (c) and increased minimum fine from one hundred to one hundred fifty dollars; P.A. 73-253 included in prohibition of Subsec. (a) operation of vehicle on school property; P.A. 75-308 amended Subsec. (b)(4) to require testing of device at beginning and end of workday rather than within thirty days of test and immediately after test administered; P.A. 76-6 included reference to amount of drug in system under Subsec. (b) and to urine tests under Subsecs. (b) and (d); P.A. 77-340 replaced reference to Sec. 14-219 in Subsec. (a) with reference to Sec. 14-218a; P.A. 77-614 replaced commissioner and department of health with commissioner and department of health services, effective January 1, 1979; P.A. 80-438 allowed administering of test by emergency medical technician II; P.A. 81-144 amended Subsec. (b) to allow the department of health services to certify individuals other than health services department personnel to check test devices for accuracy; P.A. 81-446 added the requirements that two tests be performed, with the second test performed not less than thirty or more than forty minutes after the first test, and that evidence be presented which demonstrates that the test results accurately reflect the blood alcohol content at the time of the alleged offense in Subsec. (b) and added Subsecs. (e) and (f) re participation in an alcohol education and treatment program in lieu of the two-day minimum mandatory sentence, and re violations charged to persons arrested for a second or subsequent violation of section, with a blood alcohol ratio of at least ten-hundredths of one per cent or more of alcohol at the time of the alleged offense; P.A. 82-408 eliminated two test requirement in Subsec. (b), added provision in Subsec. (e) re mandatory two day sentence if blood alcohol test indicates ratio of alcohol in blood was twenty-hundredths of one per cent or more of alcohol and changed two day minimum mandatory sentence for second offenders to thirty day sentence served by performing community service on fifteen weekends, such service to be approved by office of adult probation, amended Subsec. (f) by changing "in lieu of" to "in addition to" and eliminated consent and payment requirement for participation and added Subsec. (h) providing for twenty-four hour revocation of license by arresting police officer; P.A. 83-63 amended Subsec. (b) to allow test reports to be personally delivered to the defendant by the close of the next business day, if later than twenty-four hours and authorized the performance of such tests by persons recertified by persons certified by the commissioner of health services and amended Subsec. (d) to provide regulations for annual recertification of operators; P.A. 83-534 inserted a new Subsec. (b) re operation while impaired, amended Subsec. (c) to permit the test result to be "personally delivered" to the defendant within twenty-four hours "or by the end of the next regular business day", whichever is later, and to provide that the initial test results will not be excluded if the police made reasonable efforts to have an additional test performed but it was not performed within a reasonable time, amended Subsec. (d) to specify the blood alcohol content that constitutes impairment, inserted a new Subsec. (f) re the admissibility into evidence of a defendant's refusal to submit to a test, inserted a new Subsec. (g) re a prohibition on reducing, nolleing or dismissing the charge, inserted a new Subsec. (h) to replace former penalties for operation while under the influence with new penalties, inserted a new Subsec. (i) re the penalty for operating while impaired, inserted a new Subsec. (j) re the suspension of the operator's license of a person found guilty of operating while under the influence, and relettered the intervening and remaining subsections accordingly; P.A. 83-571 amended new Subsec. (h) to increase the period of license suspension provided in P.A. 83-534 from six months to one year for a first offense and from one year to two years for a second offense; P.A. 84-198 amended Subsec. (f) by replacing "the case" with "a case involving a violation of subsection (a) of this section"; P.A. 84-429 rephrased provisions and made other technical changes in Subsecs. (a) and (b); P.A. 84-546 made technical change in Subsec. (i); P.A. 85-387 amended Subsec. (h) to increase the penalty for a first violation by mandating a term of imprisonment, forty-eight consecutive hours of which may not be suspended or reduced on any manner, or a term of one hundred hours of community service, to increase the minimum mandatory penalty for a second violation from forty-eight consecutive hours to ten days, to increase the minimum mandatory penalty for a third violation from thirty to one hundred twenty days, and to provide that a second, third, fourth or subsequent violation is one which occurs within five years after a prior conviction for the same offense; P.A. 85-596 amended Subsec. (a) to add provision that person commits offense of operating a motor vehicle while under the influence "while the ratio of alcohol in the blood of such person is ten-hundredths of one per cent or more of alcohol, by weight", amended Subsec. (c) to provide that the defendant be afforded a reasonable opportunity to telephone an attorney prior to the performance of the test and that the test be performed by or at the direction of a police officer, to make an additional test mandatory rather than optional, to insert "and the analysis thereof" in Subdiv. (6) and to delete the requirement that additional competent evidence be presented bearing on the question of whether or not the defendant was under the influence, amended Subsec. (d) to replace provisions concerning the weight to be given to evidence of certain percentages of blood-alcohol content with provision that in prosecution for violation of Subsec. (a)(1) such evidence shall be admissible only at the request of the defendant, and amended Subsec. (h) to provide that a conviction under either Subdiv. (1) or (2) of Subsec. (a) constitutes a prior offense; P.A. 86-345 added Subsec. (m) re the seizure, admissibility and competency of evidence derived from a chemical analysis of a blood sample taken from an injured operator at a hospital; P.A. 88-85 amended Subdiv. (4) of Subsec. (c) to require that the device be checked for accuracy immediately before and after the test was performed rather than at the beginning of each workday and no later than the end of each workday; P.A. 88-302 amended Subsec. (h) to provide that the performance of community service for conviction of a first violation is to be as a condition of probation imposed in connection with a sentence to a term of imprisonment of not more than six months with the execution of such sentence of imprisonment suspended entirely; P.A. 89-110 amended Subsec. (h) to make a technical change in Subdiv. (2) and to provide that for purposes of the penalty for a subsequent offense after a prior conviction for the same offense a conviction under Sec. 53a-56b or 53a-60d constitutes a prior conviction for the same offense; P.A. 89-314 amended Subsec. (h) to insert "consecutive" in Subdivs. (2) and (3) and deleted Subsec. (l) re the twenty-four-hour revocation by the arresting police officer of the license of a person with a blood alcohol concentration of ten-hundredths of one per cent or more, and relettered the remaining Subsec. accordingly; P.A. 90-230 made technical change in Subsec. (e); P.A. 91-407 amended Subdiv. (2) of Subsec. (l) by adding "a resident physician or intern in any hospital in this state" and made technical change in Subdiv. (3); P.A. 93-271 amended Subsec. (e) to provide that regulations shall not require recertification of a police officer solely because he transfers from one law enforcement agency to another, effective June 29, 1993; P.A. 93-302 amended Subsecs. (c) and (l) by adding phlebotomists to the list of persons qualified to take blood samples and added Subsec. (m) defining "phlebotomist"; P.A. 93-371 amended Subsec. (c) to require in Subdiv. (6) that evidence be presented "that the test was commenced within two hours of operation" rather than that evidence be presented "which demonstrates that the test results and analysis thereof accurately reflect the blood alcohol content at the time of the alleged offense" and to add provision establishing a rebuttable presumption that the results of the chemical analysis indicate the blood alcohol ratio at the time of the alleged offense and requiring additional evidence be presented when the results of the additional test indicate a blood alcohol ratio of twelve-hundredths of one per cent or less and is higher than the results of the first test and amended Subsec. (j) to add Subdiv. (3) re the period of suspension for a person who, at the time of the offense, was operating under a special operator's permit issued pursuant to Sec. 14-37a, effective July 1, 1993; P.A. 93-381 replaced department and commissioner of health services with department and commissioner of public health and addiction services, effective July 1, 1993; P.A. 94-60 amended Subsec. (l) to authorize the taking of a blood sample "at the scene of the accident" or "while en route to the hospital" rather than only "at a hospital", to delete the requirement in Subdiv. (1) that the blood sample be taken "in the regular course of business of the hospital" and to make a technical change in Subdiv. (2); May 25 Sp. Sess. P.A. 94-1 made technical change, effective July 1, 1994; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; P.A. 95-314 amended Subdiv. (5) of Subsec. (c) to allow an additional chemical test of a different type to be performed if requested by the police officer for reasonable cause, amended Subsec. (d) to eliminate reference to drugs, and amended Subdivs. (2) to (4), inclusive, of Subsec. (h) to provide that a second, third, fourth or subsequent violation is one which occurs within ten years, in lieu of five years, after a prior conviction for the same offense; P.A. 99-218 amended Subsecs. (c) and (e) by replacing the Department and Commissioner of Public Health with the Department and Commissioner of Public Safety and by making technical changes, effective July 1, 1999; P.A. 99-255 amended Subsec. (a) to replace the prohibition in Subdiv. (2) of operating a motor vehicle "while the ratio of alcohol in the blood of such person is ten-hundredths of one per cent or more of alcohol, by weight" with "while such person has an elevated blood alcohol content" and added definition of "elevated blood alcohol content", amended Subsec. (c) to require in Subdiv. (3) that the test be performed "in accordance with the regulations adopted under subsection (e) of this section", replacing provisions that required the test be performed by persons certified or recertified by the Department of Public Health or recertified by persons certified as instructors by the commissioner of said department and that required a blood test be taken by a physician, phlebotomist, qualified laboratory technician, emergency medical technician II or registered nurse, and to require in Subdiv. (4) that the device was checked for accuracy "in accordance with the regulations adopted under subsection (e) of this section" rather than "immediately before and after such test was performed by a person certified by the Department of Public Health", amended Subsec. (e) to make provisions applicable to methods and types of devices for the "analysis" of blood, breath and urine and to replace provision that required the Commissioner of Public Health to adopt regulations "governing the conduct of chemical tests, the operation and use of chemical test devices, and the training, certification and annual recertification of operators of such devices" with provision that required the "Commissioner of Public Safety, in consultation with the Commissioner of Public Health" to adopt regulations "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", amended Subsec. (h) to increase the penalties for a second violation by increasing the fine from not less than five hundred dollars nor more than two thousand dollars to not less than one thousand dollars nor more than four thousand dollars, increasing the term of imprisonment from a maximum of one year with a nonsuspendable period of ten consecutive days to a maximum of two years with a nonsuspendable period of one hundred twenty consecutive days, adding the requirement that the person perform one hundred hours of community service as a condition of probation, and increasing the license suspension from two years to "three years or until the date of such person's twenty-first birthday, whichever is longer", to increase the penalties for a third and subsequent violation by deleting former Subdiv. (3) that had specified penalties for a third violation, renumbering former Subdiv. (4) as Subdiv. (3), amending said Subdiv. (3) to make the penalties applicable to a "third and subsequent violation" rather than a "fourth and subsequent violation" and add requirement that the person perform one hundred hours of community service as a condition of probation, and to add provision that "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 53a-56b or 53a-60d" constitutes a prior conviction, amended Subsec. (i) to change the penalty from an infraction to a fine of not more than two hundred dollars, amended Subsec. (j) to replace provisions of Subdiv. (1) requiring that the suspension take effect immediately upon the expiration of the appeal period, providing that the suspension is stayed during the appeal and requiring the defendant to send his license or nonresident operating privilege to the department when the suspension takes effect, with new provisions requiring each court to report each conviction to the department and requiring the commissioner to suspend the license or nonresident operating privilege for the time period required by Subsec. (h), to add Subdiv. (4) requiring the license of a convicted person to indicate that such person is an at-risk operator and defining "at-risk operator" and to add Subdiv. (5) providing that the suspension by the commissioner is stayed during the pendency of an appeal of a conviction, amended Subsec. (l) to make provisions applicable to evidence from an analysis of a urine sample from the injured operator, to require in Subdiv. (2) that the blood sample was taken "in accordance with regulations adopted under subsection (e) of this section" rather than "by a person licensed to practice medicine in this state, a resident physician or intern in any hospital in this state, a phlebotomist, a qualified laboratory technician, an emergency medical technician II or a registered nurse", and to add provision that the search warrant may also authorize the seizure of medical records prepared by the hospital in connection with the diagnosis or treatment of such injury, deleted former Subsec. (m) defining "phlebotomist", and made technical changes for purposes of gender neutrality; P.A. 00-196 made technical changes in Subsecs. (h) and (l); P.A. 01-201 added Subsec. (m) to authorize the court to require participation in a victim impact panel program as a condition of probation; P.A. 02-70 amended Subsec. (j) by adding provision in Subdiv. (1) to require the commissioner to determine the applicable suspension period based on the number of convictions on the person's driving history record, notwithstanding the sentence imposed by the court for such conviction, deleting former Subdiv. (4) re mandatory indication of "at-risk operator" on reverse side of operator's license and redesignating existing Subdiv. (5) as Subdiv. (4), effective July 1, 2002; May 9 Sp. Sess. P.A. 02-1 amended Subsec. (a) to reduce ratio of alcohol in blood from ten-hundredths to eight-hundredths of one per cent or more of alcohol in definition of "elevated blood alcohol content" and eliminated from such definition Subpara. (A) designator and provisions of Subpara. (B) "if such person has been convicted of a violation of this subsection, a ratio of alcohol in the blood of such person that is seven-hundredths of one per cent or more of alcohol, by weight", deleted former Subsecs. (b) and (i) re offense of operation while impaired and fine for violation, redesignated existing Subsecs. (c) to (h) as Subsecs. (b) to (g) and existing Subsecs. (j) to (m) as Subsecs. (h) to (k),amended redesignated Subsec. (d) to eliminate reference to Commissioner of Public Health in adopting regulations re chemical tests, and made technical changes throughout, effective July 1, 2002; P.A. 03-265 amended Subsec. (g)(2)(C) to designate existing provision re duration of suspension as clause (i) and to add clause (ii) re license suspension of one year followed by a prohibition for two years on operating a motor vehicle unless the motor vehicle is equipped with an ignition interlock device if the person is convicted of a violation of Subsec. (a)(1) on account of being under the influence of intoxicating liquor or of Subsec. (a)(2); P.A. 03-278 made technical changes in Subsec. (g), effective July 9, 2003; P.A. 04-199 made a technical change in Subsec. (g), added new Subsec. (i) re installation of an ignition interlock device and redesignated existing Subsecs. (i) to (k) as new Subsecs. (j) to (l), respectively, effective July 1, 2004; P.A. 04-257 made a technical change in Subsec. (g), effective June 14, 2004.

See Sec. 14-111(b), (h), (k) re suspension or revocation of operator's license.

See Sec. 14-111g re operator's retraining program.

See Sec. 14-112(a) re proof of financial responsibility.

See Sec. 14-219b re limitation of municipal liability.

See Sec. 14-227b re implied consent to blood, breath or urine tests.

Annotations to former section:

That plaintiff was driving while intoxicated would not bar him from recovering damage for an injury caused by defendant's negligence. Such intoxication must have been a proximate cause of the injury. 89 C. 403. See also 93 C. 102; 108 C. 216. Certified copy of prior conviction for "driving under the influence of liquor or drugs", although in alternative, admissible to prove accused a second offender. 124 C. 664. Questions asked of lay witness as to whether accused was intoxicated, properly admitted. Id., 667. Questions asked of expert witnesses, while closely approximating test to determine if one is guilty of driving under influence, admissible as opinion as to accused's condition. Id., 668. Evidence only that defendant was intoxicated when found in middle of front seat of stationary car, insufficient to support conviction of driving under influence. 129 C. 483. But testimony by witness that he saw defendant operate is not essential if there is circumstantial evidence which affords basis of inference of guilt beyond a reasonable doubt. 130 C. 563. Cited. 140 C. 39; 144 C. 241. On charge of operating while under the influence of liquor only applicable portion of the statute should be read to jury. 145 C. 304. Evidence that defendant was found intoxicated, sitting in stationary, damaged car, held insufficient to convict for driving under the influence of liquor. 147 C. 502. Cited. 149 C. 728. In civil action defendant driver's admission of intoxication does not preclude the possibility of his being liable for wanton misconduct. 151 C. 506.

Court required to impose sentence of sixty consecutive days; it cannot direct that sentence be served in installment periods. 9 CS 460. Legislature intended statute to apply even though violation occurred elsewhere than on a public highway; history of section reviewed. 16 CS 357. Verdict of guilty on charge of operating under the influence sustained where proof wholly consistent with defendant's guilt and inconsistent with any other rational conclusion. 18 CS 367. One accused of being a second offender, in order to be given a heavier penalty, must be presented in an information in two parts, the first setting out the particular offense and the second the former conviction. 20 CS 105. Assumption of risk is not a defense where the injury allegedly arose from breach by defendant of statutory obligation not to operate motor vehicle while under influence of liquor. 22 CS 225. Cited. 23 CS 136, 272, 358; 24 CS 46, 236, 267, 319. Trial court may admit in evidence, to establish a prior conviction of defendant, a certified copy of his "operator's driving history". 24 CS 360.

Even if defendant's state was one of pathological intoxication, induced by a minute amount of alcohol, he could be found guilty. 2 Conn. Cir. Ct. 45. Cited. Id., 58. There can be conviction for operation in parking lot. Id., 79. Operation can be proved by circumstantial evidence. Id., 221. McDonough case, 129 C. 483, distinguished. Id. Cited. Id., 412. Drunkenness may be found from lay observations of defendant without clinical tests. Id., 481. Where police officer observed doctor examine defendant, his testimony regarding the examination is admissible since nonexpert evidence may rest on facts acquired through the use of witnesses' senses. Id., 499. Cited. Id., 569, 571. Operating a motor vehicle within the meaning of this statute includes the intentional doing of any act or making use of any mechanical or electrical agency which alone or in sequence will set in motion the motive power of the vehicle. Id., 606, 607. What constitutes "operation" of motor vehicle. Id., 661. An essential element of proof in affirmatively establishing defendant's guilt as a second offender is his identification as the person named in the record of prior conviction. Mere proof of identity of names is insufficient to establish prima facie the identification. Id., 692, 693. Cited. 3 Conn. Cir. Ct. 343. Cited. 3 Conn. Cir. Ct. 347; 4 Conn. Cir. Ct. 500; id., 520. Proof defendant drove on public highway necessary for conviction under statute; testimony that defendant was only person near car after car crashed off public highway down embankment was sufficient. 3 Conn. Cir. Ct. 380. Where defendant was found by police officer asleep in his car with the motor running, held that, since circumstantial evidence which affords the basis for an inference of guilt beyond a reasonable doubt may be sufficient to convict, court correctly refused to charge jury that, if defendant was asleep when officer came upon him, jury could not find defendant was operating car within meaning of statute. 3 Conn. Cir. Ct. 475, 476. Competent evidence of any nature, in addition to a breath or blood test, may be relied on to prove insobriety. Id., 478, 479. Absence of clinical findings or chemical tests did not prevent the trial court from properly concluding, on the basis of testimony by witnesses, that the accused was intoxicated. 3 Conn. Cir. Ct. 514. For the results of a breath test to be admissible evidence, there must be reasonable assurance the sample analyzed was the one taken from the accused. 4 Conn. Cir. Ct. 121. Compliance with request to perform certain sobriety tests (not enumerated here) not an intrusion on constitutional rights, since no verbal act on defendant's part was involved. 4 Conn. Cir. Ct. 195.

Annotations to present section:

Cited. 154 C. 100, 102. As a minor of sixteen may be held accountable under this statute for operating a motor vehicle while he is intoxicated, he will be held accountable for deciding to consume liquor also. 154 C. 648. Where defendant in intoxicated condition was found slumped over driving wheel of car stopped in middle of country road at night, jury could reasonably have concluded defendant was driver of car. 158 C. 117. Cited. 159 C. 547; 161 C. 200; 170 C. 140, 142; 174 C. 112, 115. Police officer's failure to enforce this statute discussed. 187 C. 147, 148, 149, 152, 154, 162 (Diss. Op.). Court held that amendments in public acts 85-387 and 85-596 entitled to concurrent effect. 199 C. 667 et seq. Cited. 200 C. 1, 7. Cited. Id., 102-105. Cited. Id., 615, 616. Cited. 203 C. 97, 98. Cited. 204 C. 507, 514. Phrase "may not be suspended or reduced in any manner" applies to actions of commissioner of correction as well as those of sentencing court. 207 C. 412-415, 417. Application of section to public parking area discussed. Judgment of appellate court in 11 CA 644 reversed. Id., 612, 614, 615, 618. Cited. 210 C. 446, 447, 451, 454, 456, 460. Cited. Id., 573, 575, 577-579. Cited. 213 C. 74, 76, 80. Corroboration role in relation to crime that is conduct oriented discussed. State v. Tillman corpus delicti rule not applicable. (152 C. 15, 20). 215 C. 189, 190, 193. Cited. 219 C. 752, 757. Cited. 222 C. 672, 674, 676. Cited. 224 C. 29, 37. Cited. Id., 730, 731, 734, 735, 737. Cited. 225 C. 921. Cited. 226 C. 191, 196, 199, 201. Cited. 228 C. 758, 760-762. Cited. 229 C. 31, 37. Cited. Id., 51, 56. Cited. Id., 228, 230, 242. Cited. 229 C. 824, 828. Cited. 230 C. 572, 573. Cited. 233 C. 524, 525. Cited. 235 C. 614, 615, 617. Cited. 236 C. 18, 24, 25.

Cited. 4 CA 461, 462. Cited. 9 CA 686, 699, 722-724. Cited. 10 CA 265, 266. Cited. 11 CA 122, 127, 131. Cited. Id., 338, 339. Cited. Id., 342-348. Cited. 12 CA 294, 298, 301, 302. Cited. Id., 338, 340. Cited. 16 CA 156, 158, 159, 161, 162. Cited. Id., 165-167. Cited. Id., 172, 174. Cited. Id., 358, 359, 361, 362, 365, 367, Cited. Id., 472, 477, 478. Cited. Id., 497, 507. Cited. 17 CA 100-102. Cited. Id., 376, 382. Cited. Id., 827. Cited. 18 CA 602, 603. Cited. 19 CA 594, 606. Cited. 20 CA 348, 349. Cited. Id., 691-693. Cited. 21 CA 138, 140. Cited. Id., 210, 212, 214. Statute constitutes a "criminal law" within meaning of conditions of probation. 22 CA 108-113. Cited. Id., 142, 159, 160. Cited. 25 CA 605, 606, 608, 609. Cited. 26 CA 101, 102; Id., 331, 335; Id., 716-719; Id., 805, 806, 808, 811. Cited. 27 CA 225, 232, 233, 238, 245; Id., 346, 348-351; Id., 370, 371, 373, 375. Cited. 28 CA 733, 736. Cited. 29 CA 512, 515; Id., 582, 583. Cited. 30 CA 36, 38; Id., 108, 110, 113, 118; Id., 428, 429, 437-439; Id., 917. Cited. 31 CA 669-672; Id., 797-800, 803-805. Cited. 32 CA 553, 555, 571. Cited. 33 CA 107, 114; Id., 242, 243, 246; Id., 501, 504, 507, 508. Cited. 34 CA 557, 559, 561; Id., 655, 663, 666. Cited. 36 CA 76, 94; Id., 710, 713, 714. Cited. 38 CA 8, 14; judgment reversed, see 236 C. 18 et seq.; Id., 661, 664. Cited. 39 CA 11, 17. Cited. 40 CA 359, 363, 364. Cited. 41 CA 874, 881. Cited. 44 CA 40. Cited. Id., 702. Cited. 45 CA 12. Cited. Id., 102. Cited. Id., 225. Cited. Id., 577. Cited. Id., 722. Cited. Id., 804. Court rejected defendant's claim that statute is void for vagueness because an ordinary person has no ascertainable method for measuring his or her own blood alcohol level. 48 CA 635. Because defendant was charged with violation of both Subdivs. (1) and (2) of Subsec. (a), intoxilyzer results are admissible without defendant's request and are necessary to prove a violation of Subsec. (a)(2) pursuant to Subsec. (c). 51 CA 4. To establish probable cause, there must be a temporal nexus between the operation of a motor vehicle and the driver's being under the influence of liquor or drugs. 54 CA 127. Detention at roadside sobriety checkpoint did not constitute unreasonable seizure or violate defendant's due process rights. 56 CA 252. Pursuant to Sec. 54-193(b), charged violations of section were subject to a one-year limitations period because they were not punishable by a term of imprisonment of more than one year. 61 CA 90. There was substantial evidence that police had probable cause to believe that plaintiff had violated section where plaintiff had slurred speech, bloodshot eyes, smelled of alcohol, admitted he had been drinking beer and police found empty beer bottles in automobile; administration of field sobriety tests and subsequent results are not required by statute and are not dispositive in finding probable cause to arrest for driving while intoxicated. 62 CA 571. Nothing in section prohibits evidence of consciousness of guilt based on defendant's refusal to take a breath test being considered in prosecution for assault in the second degree with a motor vehicle under Sec. 53a-60d. 63 CA 433. Arresting officer properly permitted to offer expert testimony on defendant's intoxication. 68 CA 119. To convict defendant of operating motor vehicle while under the influence of drugs pursuant to section, the state must prove beyond a reasonable doubt that defendant operated his motor vehicle on a public highway while under the influence of intoxicating liquor or drugs or both. 79 CA 657. Section, as applied to defendant, does not violate ex post facto clause because it did not result in a second punishment for previous convictions, but rather enhanced current conviction on the basis of defendant's status as repeat offender. Also, section does not violate such clause given that defendant was effectively put on notice of changes to the statute, and therefore he is precluded from relying on previous five-year look back period to prove that state's burden of proof was reduced or that he was deprived of a defense. 80 CA 589.

Where sample of blood was taken from defendant when he was unconscious in a hospital and could not consent, the results of the test of his blood are not admissible in evidence since such taking was in violation of his constitutional rights and was not authorized by this section or section 14-227b. 26 CS 40, 41. The word "test" refers to the chemical analysis of a sample of blood and not to a series of samples from different individuals. 32 CS 611. Cited. 33 CS 501. Cited. 33 CS 697. Cited. 34 CS 514. Cited. 35 CS 511, 514. Where information charging violation referred to former statute, incorrect reference was an amendable defect and defendant was not misled or prejudiced by the error or placed in double jeopardy by the granting of the amendment. Id., 282. Violation is crime for purposes of defendant's eligibility for pretrial accelerated rehabilitation. 36 CS 527-529, 531. Cited. Id. Cited. 37 CS 767, 768, 778, 783, 784; id., 834; id., 864, 865. Cited. 38 CS 675, 677; Id., 689-693. Cited. 39 CS 285, 286. Cited. 40 CS 505, 507. Cited. Id., 512, 513, 518. Cited. 42 CS 306-308; Id., 602, 603, 609, 614. Cited. 43 CS 77, 80.

Road controlled and maintained by town qualifies as a "public highway". 3 Conn. Cir. Ct. 513. Where accused was found alone in his car with engine running and wheels spinning in loose gravel, trial court could correctly find he was "operating" the car. Id., 514. Instructions to the jury were not prejudicial to the defendant when correction concerning the testimony of the state toxicologist was made by a supplemental charge. 4 Conn. Cir. Ct. 578. Where the penalty imposed is within the limits fixed by statute, it will not be disturbed on appeal unless there was an abuse of discretion. 5 Conn. Cir. Ct. 228. Cited. 6 Conn. Cir. Ct. 130; 261; 263. The six conditions precedent apply only in cases of operation under influence of liquor and not drugs. 6 Conn. Cir. Ct. 303. State must prove that defendant charged with driving under the influence of liquor was exclusively under influence of liquor and not drug or drugs and liquor. 6 Conn. Cir. Ct. 364. Refusal to submit to a chemical sobriety test is inadmissible. 6 Conn. Cir. Ct. 470, 474, 475. Cited. 6 Conn. Cir. Ct. 503.

Subsec. (a):

Cited. 179 C. 377, 379, 380. Cited. 199 C. 667, 668, 671. Cited. 200 C. 615, 619, 620, 622. Cited. 203 C. 305, 316. Cited. 204 C. 507, 513. Cited. Id., 521, 522. Cited. 207 C. 612-614, 617, 619. Cited. 209 C. 806. Cited. 210 C. 446, 448, 449, 451-454. Cited. Id., 573, 574. Cited. 211 C. 389-391. Cited. 216 C. 172, 174. Subdiv. (2) cited. 222 C. 672, 674. Cited. 224 C. 730, 731. Cited. 226 C. 191, 194. Cited. Id., 470, 472. Subdiv. (1) cited. 227 C. 534, 535. Cited. 228 C. 758, 759. Subdiv. (1) cited. Id. Cited. 229 C. 31, 37. Cited. Id., 51, 56. Cited. Id., 228, 245. Cited. Id., 824, 826, 827, 828. Subdiv. (1) cited. 231 C. 926; 233 C. 302-304. Administrative suspension of operator's license does not bar prosecution for violation of this section. 235 C. 614, 615, 617, 618, 628. Subdiv. (1) cited. 236 C. 18, 20. Cited. Id., 18, 26.

Cited. 9 CA 686, 730. Cited. 11 CA 185, 186. Cited. Id., 644-646. Cited. 12 CA 294, 297, 298, 301. Cited. Id., 427, 428. Cited. 14 CA 216, 217, 221. Cited. 15 CA 58, 59, 64. Subdiv. (2) cited. 16 CA 156, 159. Cited. Id., 156, 160. Subdiv. (2) cited. Id., 165, 166. Cited. Id., 172, 175. Subdiv. (2) cited. Id. Cited. Id., 472, 477. Cited. 17 CA 100-102. Subdiv. (2) cited. Id., 209, 210. Cited. Id., 209, 210, 214. Cited. Id., 250, 252, 254, 255. Cited. Id., 376, 377. Subdiv. (2) cited. Id., 376, 385. Subdiv. (2) cited. 19 CA 594, 599. Cited. Id., 594, 604. Subdiv. (2) cited. 21 CA 138, 139. Cited. Id., 210, 212. State not required to prove that defendant intended to move vehicle in order to prove operation under the statute. 22 CA 88-90, 92, 93. Cited. Id., 142, 144. Subdiv. (2) cited. Id., 142, 144, 159, 166, 167, 169, 170. Intent to move a vehicle not an element of operation of a motor vehicle while under the influence in violation of section. 24 CA 467-469. Subdiv. (2) cited. 25 CA 282, 284; Id., 605, 607. Cited. Id., 605, 608. Cited. 27 CA 225, 227; Id., 461, 462. Subdiv. (1) cited. 28 CA 708, 709. Subdiv. (1) cited. 29 CA 455, 456. Subdiv. (2) cited. Id. Subdiv. (1) cited. 30 CA 36, 37, 39; Id., 108, 109, 125. Subdiv. (2) cited. Id., 428, 437. Subdiv. (1) cited. Id., 428, 437, 438, 441. Cited. Id., 428, 437, 440; Id., 742, 749. Cited. 31 CA 669, 670; Id., 797, 805. Cited. 32 CA 553, 555. Subdiv. (1) cited. Id., 553, 563, 572; 33 CA 107, 109. Cited. Id., 590, 591, 594; 34 CA 189-191; Id., 201, 203; Id., 557, 564. Subdiv. (2) cited. Id., 655, 659, 660, 662, 664-666. Subdiv. (1) cited. 35 CA 631, 632, 635. Subdiv. (2) cited. Id. Cited. 36 CA 76, 95. Subdiv. (1) cited. Id., 76, 77; Id., 463, 464. Cited. Id., 710, 714. Cited. 38 CA 8, 9, 12; judgment reversed, see 236 C. 18 et seq. Subdiv. (1) cited. Id., 8-10; judgment reversed, see 236 C. 18 et seq.; Id., 661-664, 670, 673, 679. Subdiv. (2) cited. Id., 661, 663, 664, 670, 671, 679. Cited. Id., 661, 666, 671, 679. Cited. 39 CA 11, 12. Cited. 40 CA 359, 361, 363; Id., 420-422, 429. Subdiv. (1) cited. Id., 359, 361. Subdiv. (1) cited. 41 CA 7, 8. Subdiv. (2) cited. Id., 874, 875, 877. Cited. Id., 874, 877. Cited. 42 CA 10. Cited. Id., 589. Subdiv. (1) cited. Id. Subdiv. (2) cited. Id. Cited. 44 CA 40. Cited. 45 CA 225. Cited. 46 CA 633. Proof of operation on public highway is question of fact and defendant Commissioner of Motor Vehicles made reasonable factual finding of such operation in case in which plaintiff was found seated in the driver's seat with seat belt on in his car on the shoulder of an interstate highway and the engine of the car was running. 48 CA 552. A person operates a motor vehicle when in the vehicle he intentionally does any act or makes use of any mechanical or electrical agency which alone or in sequence will set in motion the motive power of the vehicle. 50 CA 34. Defendant who was found unconscious behind wheel of car while engine was running could be deemed to have operated the vehicle for purposes of sustaining a conviction under the section. 51 CA 782. Where defendant was found intoxicated, in the vehicle with the engine running and in a position to control the vehicle's movement, conviction under this section was upheld. 60 CA 551. Evidence that defendant failed field sobriety tests and testimony of state toxicologist was sufficient to sustain conviction under section. 71 CA 497. It is inconceivable that legislature's broad umbrella of protection would insulate intoxicated persons from drunk driving laws pursuant to this subsec. because the parking area did not have zoning approval for ten or more spaces; thus, a nine space parking lot that regularly accommodates and is used by ten or more cars satisfies requirements of statute. 76 CA 716. For purposes of finding violation under Subdiv. (1), the state of being under the influence of intoxicating liquor is not a fact on which the state is required to present expert testimony. 84 CA 519.

Cited. 35 CS 511, 513. Cited. 42 CS 306, 314. Cited. 43 CS 77, 78. Subdiv. (1) cited. Id.

Subsec. (b):

Cited. 200 C. 615, 619, 620, 628. Cited. 204 C. 507, 513. Cited. 208 C. 812. Cited. 210 C. 446-451, 453-456, 458, 460, 462. Cited. 211 C. 389, 391, 392. Cited. 229 C. 228, 245.

Cited. 9 CA 686, 699. Cited. 12 CA 294, 301. Court declined "to formulate or adopt a behavioral definition of driving while impaired". 14 CA 216, 217, 220-222. Cited. 15 CA 58, 59, 64, 65. Cited. Id., 58, 62, 63. Cited. 16 CA 156, 160. Cited. Id., 472, 477. Cited. 22 CA 142, 160. Cited. 25 CA 605, 608. Cited. 41 CA 7, 18. Cited. 45 CA 225.

Subdiv. (5) contains condition precedent to introduction of evidence concerning amount of alcohol in defendant's system as shown by chemical analysis of breath, i.e. that he be afforded additional chemical test. 34 CS 679, 682-684. Requirements of this subsection apply only to prosecutions for violations of subsection (a) of this section, not to prosecutions under section 53a-58a. 35 CS 511, 513. Cited. 37 CS 767, 783. Subdiv. (5) cited. 38 CS 689, 693.

Subdiv. (1): Defendant did not lack legal capacity to consent to the test merely because he was under a probate court conservatorship of his person and estate. 3 Conn. Cir. Ct. 47. Subdiv. (4): Defendant's claim that syringe used by physician to extract blood sample was a device used for the test and therefore had to be checked for accuracy had no merit. Id., 48. Subdiv. (4): Device referred to in subdiv. is analysis equipment and not equipment used to collect blood sample. 5 Conn. Cir. Ct. 326.

Subsec. (c):

Subdiv. (3) cited. 180 C. 252, 255. Cited. 199 C. 667, 671. Cited. 200 C. 615, 623. Subdiv. (6) cited. Id. Cited. 210 C. 446, 452, 453, 454. Subdiv. (7) cited. Id., 446, 453. Cited. 229 C. 31, 43.

Cited. 12 CA 294, 298-302. Cited. Id., 427, 431. Subdiv. (1) cited. Id. Subdiv. (4) cited. 16 CA 156, 159, 161, 163. Cited. Id., 156, 160. Subdiv. (6) cited. Id., 156, 163. Cited. Id., 165, 167. Subdiv. (1) cited. Id. Cited. Id., 172, 175. Subdiv. (4) cited. Id. Subdiv. (2) cited. Id., 172, 179. Cited. Id., 472, 473, 477. Cited. 17 CA 209, 211, 212, 214. Subdiv. (4) cited. Id., 209, 213. Subdiv. (3) cited. Id., 209, 214, 215. Cited. Id., 250, 253. Subdiv. (4) cited. Id., 250, 254. Subdiv. (1) cited. Id., 250, 254, 256. Subdiv. (3) cited. Id., 376, 382. Cited. Id., 376, 383. Subdiv. (6) cited. Id., 376, 384. Cited. 20 CA 348, 352. Subdiv. (3) cited. 21 CA 210, 220, 221. Cited. Id., 210, 220, 225. Cited. 22 CA 142, 160. Subdiv. (6) cited. Id., 142, 164. Subdiv. (2) cited. 25 CA 605, 607. Subdiv. (4) cited. Id. Cited. Id., 605, 607, 608. Cited. 26 CA 805, 815. Cited. 30 CA 428, 437, 438, 440. Subdiv. (3) cited. Id., 428, 439. Cited. 32 CA 553, 563-566. Cited. 33 CA 242, 244, 245, 247. Cited. 34 CA 655, 659, 665. Subdiv. (6) cited. Id., 655, 665. Subdiv. (4) cited. 36 CA 76, 97. Subdiv. (6) cited. 41 CA 874, 875, 877. P.A. 93-371, Sec. 2 cited. Id. Rebuttable presumption as a permissive inference discussed. Id., 874, 876-881. P.A. 85-596 cited. Id. Subdiv. (5) cited. Id., 874, 877. Cited. 42 CA 10. Cited. Id., 589. Subdiv. (5) cited. Id. Subdiv. (6) cited. Id. Cited. 44 CA 40. "Rebuttable presumption" under statute defined as a "permissive inference". 48 CA 391. Based on the stipulated facts and inferences thereon, trial court reasonably concluded that the urine tests were commenced within two hours of operation as required by the section. 51 CA 790. Although jury instructions used rebuttable presumption language of statute, such instructions were harmless since court also instructed jury re reasonable inferences and provided examples. 71 CA 179.

Cited. 34 CS 679, 684. Cited. 37 CS 864, 867. Cited. 42 CS 602, 609.

Subsec. (d):

Cited 199 C. 667, 671. Subdiv. (3) cited. 200 C. 615, 620, 628. Subdiv. (4) cited. Id., 615, 620, 621. Cited. 210 C. 446, 453, 454. Subdiv. (2) cited. Id., 446, 454. Subdiv. (3) cited. Id. Subdiv. (4) cited. Id., 446, 461. Does not proscribe admission of evidence that fails to satisfy regulatory requirements. 263 C. 390.

Cited. 12 CA 294, 295, 297-304. Subdiv. (3) cited. 14 CA 216, 221. Cited. 16 CA 472-475, 477. Cited. 30 CA 428, 437, 439, 440. Cited. 35 CA 631, 632, 637. Cited. 38 CA 661, 671, 673. Cited. 40 CA 359, 364.

Subsec. (e):

Cited. 9 CA 686, 727. Cited. 16 CA 165, 167. Cited. 17 CA 376, 379. Cited. 32 CA 553, 564. Court's instruction that jury "may make any reasonable inference" was permissible with respect to defendant's refusal to submit to a Breathalyzer test. 84 CA 519.

Cited. 36 CS 527, 528. Cited. 37 CS 767, 783.

Subsec. (f):

Cited. 204 C. 507, 513. Cited. Id., 521, 522. Cited. 210 C. 446, 455, 456, 458.

Cited. 11 CA 338, 341. Cited. 14 CA 216, 223. Cited. 28 CA 708, 718. Cited. 30 CA 36, 42-44. Cited. 36 CA 76, 77, 95, 97. Not unconstitutionally vague under U.S. Constitution as applied to defendant. 41 CA 7, 9, 16, 17, 19. Jury was not misled when trial judge's instructions identified a permissive inference and substantially complied with statutory language; applicability of possible negative inference not limited to violation of Subsec. (a)(1). 63 CA 433.

Cited. 40 CS 512, 518.

Subsec. (g):

Trial court has clear duty under Subsec. to adjudicate second part of two part information in all cases in which information filed. 271 C. 115.

Subsec. (h):

Cited. 199 C. 667, 668, 670, 671, 677. Cited. 200 C. 615, 624. Subdiv. (3) cited. 207 C. 412, 413, 415-418. Cited. 210 C. 573, 577-579. Subdiv. (3): Enhanced penalties apply to third conviction when only one of two prior convictions occurred within five years of the present conviction. Id., 573-578, 580. Cited. 221 C. 716, 718. Subdiv. (1) cited. 222 C. 672, 674. Subdiv. (1)(C) cited. 229 C. 824, 827, 828. Subdiv. (3) cited. 234 C. 918. Cited. 236 C. 18, 21, 25. Subdiv. (3) imposes enhanced penalties on those whose third violation of Sec. 14-227a(a) occurs within the five-year period, regardless of when that conviction occurs; judgment of appellate court in State v. Burns, 38 CA 8, reversed. 236 C. 18-27.

Cited. 7 CA 748, 753. Cited. 9 CA 686, 731. Person sentenced to mandatory minimum sentence not entitled to "good time credit" or "employment credit". 17 CA 827. Cited. 27 CA 225, 228. Cited. 31 CA 797, 802. Subdiv. (1)(C) cited. 36 CA 710, 714. Subdiv. (3) cited. 38 CA 8, 10-13; judgment reversed, see 236 C. 18 et seq. Cited. 45 CA 722. Administrative suspension of driver's license by Department of Motor Vehicles and prosecution by the court of underlying offense of driving while intoxicated does not violate separation of powers provision of state constitution. 51 CA 4. Statute providing for imposition of enhanced penalties when a person is convicted of a third offense of operating a motor vehicle while under the influence of intoxicating liquor within ten years of prior conviction of the same offense does not require that the third conviction be within ten years of all prior convictions. 70 CA 565.

Subsec. (j):

Cited. 7 CA 748, 753. Requirement of a search warrant does not eliminate consent as a means of securing test results. 65 CA 634.

Subsec. (l):

Cited. 30 CA 428, 439, 440. Cited. 32 CA 553, 554, 564-566. Cited. 33 CA 242, 244-247. Cited. 40 CA 359, 360, 361-364. Cited. 42 CA 589. Cited. 45 CA 804. Does not govern admissibility of blood alcohol tests taken at out-of-state hospitals and is permissive in nature. 57 CA 484. Court satisfied that hospital's internal policy of having registered nurse draw blood from patients who are admitted and fact that emergency room was staffed with two registered nurses show that requirements of subsection have been met. 61 CA 90.

Subsec. (m):

Cited. 20 CA 348, 350-353. Subdiv. (1) cited. Id., 348, 351-353. Subdiv. (2) cited. Id.

Sec. 14-227b. Implied consent to test operator's blood, breath or urine. Testing procedures. License suspension. Hearing. (a) Any person who operates a motor vehicle in this state shall be deemed to have given such person's consent to a chemical analysis of such person's blood, breath or urine and, if such person is a minor, such person's parent or parents or guardian shall also be deemed to have given their consent.

(b) If any such person, having been placed under arrest for operating a motor vehicle while under the influence of intoxicating liquor or any drug or both, and thereafter, after being apprised of such person's constitutional rights, having been requested to submit to a blood, breath or urine test at the option of the police officer, having been afforded a reasonable opportunity to telephone an attorney prior to the performance of such test and having been informed that such person's license or nonresident operating privilege may be suspended in accordance with the provisions of this section if such person refuses to submit to such test or if such person submits to such test and the results of such test indicate that such person has an elevated blood alcohol content, and that evidence of any such refusal shall be admissible in accordance with subsection (e) of section 14-227a and may be used against such person in any criminal prosecution, refuses to submit to the designated test, the test shall not be given; provided, if the person refuses or is unable to submit to a blood test, the police officer shall designate the breath or urine test as the test to be taken. The police officer shall make a notation upon the records of the police department that such officer informed the person that such person's license or nonresident operating privilege may be suspended if such person refused to submit to such test or if such person submitted to such test and the results of such test indicated that such person had an elevated blood alcohol content.

(c) If the person arrested refuses to submit to such test or analysis or submits to such test or analysis, commenced within two hours of the time of operation, and the results of such test or analysis indicate that such person has an elevated blood alcohol content, the police officer, acting on behalf of the Commissioner of Motor Vehicles, shall immediately revoke and take possession of the motor vehicle operator's license or, if such person is a nonresident, suspend the nonresident operating privilege of such person, for a twenty-four-hour period. The police officer shall prepare a written report of the incident and shall mail the report and a copy of the results of any chemical test or analysis to the Department of Motor Vehicles within three business days. The report shall be made on a form approved by the Commissioner of Motor Vehicles and shall be subscribed and sworn to under penalty of false statement as provided in section 53a-157b by the arresting officer. If the person arrested refused to submit to such test or analysis, the report shall be endorsed by a third person who witnessed such refusal. The report shall set forth the grounds for the officer's belief that there was probable cause to arrest such person for operating a motor vehicle while under the influence of intoxicating liquor or any drug or both and shall state that such person had refused to submit to such test or analysis when requested by such police officer to do so or that such person submitted to such test or analysis, commenced within two hours of the time of operation, and the results of such test or analysis indicated that such person had an elevated blood alcohol content.

(d) If the person arrested submits to a blood or urine test at the request of the police officer, and the specimen requires laboratory analysis in order to obtain the test results, the police officer shall not take possession of the motor vehicle operator's license of such person or, except as provided in this subsection, follow the procedures subsequent to taking possession of the operator's license as set forth in subsection (c) of this section. If the test results indicate that such person has an elevated blood alcohol content, the police officer, immediately upon receipt of the test results, shall notify the Commissioner of Motor Vehicles and submit to the commissioner the written report required pursuant to subsection (c) of this section.

(e) (1) Except as provided in subdivision (2) of this subsection, upon receipt of such report, the Commissioner of Motor Vehicles may suspend any license or nonresident operating privilege of such person effective as of a date certain, which date shall be not later than thirty days after the date such person received notice of such person's arrest by the police officer. Any person whose license or operating privilege has been suspended in accordance with this subdivision shall automatically be entitled to a hearing before the commissioner to be held prior to the effective date of the suspension. The commissioner shall send a suspension notice to such person informing such person that such person's operator's license or nonresident operating privilege is suspended as of a date certain and that such person is entitled to a hearing prior to the effective date of the suspension and may schedule such hearing by contacting the Department of Motor Vehicles not later than seven days after the date of mailing of such suspension notice.

(2) If the person arrested (A) is involved in an accident resulting in a fatality, or (B) has previously had such person's operator's license or nonresident operating privilege suspended under the provisions of section 14-227a during the ten-year period preceding the present arrest, upon receipt of such report, the Commissioner of Motor Vehicles may suspend any license or nonresident operating privilege of such person effective as of the date specified in a notice of such suspension to such person. Any person whose license or operating privilege has been suspended in accordance with this subdivision shall automatically be entitled to a hearing before the commissioner. The commissioner shall send a suspension notice to such person informing such person that such person's operator's license or nonresident operating privilege is suspended as of the date specified in such suspension notice, and that such person is entitled to a hearing and may schedule such hearing by contacting the Department of Motor Vehicles not later than seven days after the date of mailing of such suspension notice. Any suspension issued under this subdivision shall remain in effect until such suspension is affirmed or such license or operating privilege is reinstated in accordance with subsections (f) and (h) of this section.

(f) If such person does not contact the department to schedule a hearing, the commissioner shall affirm the suspension contained in the suspension notice for the appropriate period specified in subsection (i) of this section.

(g) If such person contacts the department to schedule a hearing, the department shall assign a date, time and place for the hearing, which date shall be prior to the effective date of the suspension, except that, with respect to a person whose license or nonresident operating privilege is suspended in accordance with subdivision (2) of subsection (e) of this section, such hearing shall be scheduled not later than thirty days after such person contacts the department. At the request of such person or the hearing officer and upon a showing of good cause, the commissioner may grant one continuance for a period not to exceed fifteen days. The hearing shall be limited to a determination of the following issues: (1) Did the police officer have probable cause to arrest the person for operating a motor vehicle while under the influence of intoxicating liquor or any drug or both; (2) was such person placed under arrest; (3) did such person refuse to submit to such test or analysis or did such person submit to such test or analysis, commenced within two hours of the time of operation, and the results of such test or analysis indicated that such person had an elevated blood alcohol content; and (4) was such person operating the motor vehicle. In the hearing, the results of the test or analysis shall be sufficient to indicate the ratio of alcohol in the blood of such person at the time of operation, except that if the results of the additional test indicate that the ratio of alcohol in the blood of such person 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 analysis thereof accurately indicate the blood alcohol content at the time of operation. The fees of any witness summoned to appear at the hearing shall be the same as provided by the general statutes for witnesses in criminal cases.

(h) If, after such hearing, the commissioner finds on any one of the said issues in the negative, the commissioner shall reinstate such license or operating privilege. If, after such hearing, the commissioner does not find on any one of the said issues in the negative or if such person fails to appear at such hearing, the commissioner shall affirm the suspension contained in the suspension notice for the appropriate period specified in subsection (i) of this section. The commissioner shall render a decision at the conclusion of such hearing or send a notice of the decision by bulk certified mail to such person not later than thirty days or, if a continuance is granted, not later than forty-five days from the date such person received notice of such person's arrest by the police officer. The notice of such decision sent by certified mail to the address of such person as shown by the records of the commissioner shall be sufficient notice to such person that such person's operator's license or nonresident operating privilege is reinstated or suspended, as the case may be. Unless a continuance of the hearing is granted pursuant to subsection (g) of this section, if the commissioner fails to render a decision within thirty days from the date such person received notice of such person's arrest by the police officer, the commissioner shall reinstate such person's operator's license or nonresident operating privilege, provided notwithstanding such reinstatement the commissioner may render a decision not later than two days thereafter suspending such operator's license or nonresident operating privilege.

(i) The commissioner shall suspend the operator's license or nonresident operating privilege of a person who did not contact the department to schedule a hearing, who failed to appear at a hearing or against whom, after a hearing, the commissioner held pursuant to subsection (h) of this section, as of the effective date contained in the suspension notice or the date the commissioner renders a decision, whichever is later, for a period of: (1) (A) Except as provided in subparagraph (B) of this subdivision, ninety days, if such person submitted to a test or analysis and the results of such test or analysis indicated that such person had an elevated blood alcohol content, (B) one hundred twenty days, if such person submitted to a test or analysis and the results of such test or analysis indicated that the ratio of alcohol in the blood of such person was sixteen-hundredths of one per cent or more of alcohol, by weight, or (C) six months if such person refused to submit to such test or analysis, (2) if such person has previously had such person's operator's license or nonresident operating privilege suspended under this section, (A) except as provided in subparagraph (B) of this subdivision, nine months if such person submitted to a test or analysis and the results of such test or analysis indicated that such person had an elevated blood alcohol content, (B) ten months if such person submitted to a test or analysis and the results of such test or analysis indicated that the ratio of alcohol in the blood of such person was sixteen-hundredths of one per cent or more of alcohol, by weight, and (C) one year if such person refused to submit to such test or analysis, and (3) if such person has two or more times previously had such person's operator's license or nonresident operating privilege suspended under this section, (A) except as provided in subparagraph (B) of this subdivision, two years if such person submitted to a test or analysis and the results of such test or analysis indicated that such person had an elevated blood alcohol content, (B) two and one-half years if such person submitted to a test or analysis and the results of such test or analysis indicated that the ratio of alcohol in the blood of such person was sixteen-hundredths of one per cent or more of alcohol, by weight, and (C) three years if such person refused to submit to such test or analysis.

(j) Notwithstanding the provisions of subsections (b) to (i), inclusive, of this section, any police officer who obtains the results of a chemical analysis of a blood sample taken from an operator of a motor vehicle involved in an accident who suffered or allegedly suffered physical injury in such accident shall notify the Commissioner of Motor Vehicles and submit to the commissioner a written report if such results indicate that such person had an elevated blood alcohol content, and if such person was arrested for violation of section 14-227a in connection with such accident. The report shall be made on a form approved by the commissioner containing such information as the commissioner prescribes, and shall be subscribed and sworn to under penalty of false statement, as provided in section 53a-157b, by the police officer. The commissioner may, after notice and an opportunity for hearing, which shall be conducted in accordance with chapter 54, suspend the motor vehicle operator's license or nonresident operating privilege of such person for a period of up to ninety days, or, if such person has previously had such person's operator's license or nonresident operating privilege suspended under this section for a period of up to one year. Each hearing conducted under this subsection shall be limited to a determination of the following issues: (1) Whether the police officer had probable cause to arrest the person for operating a motor vehicle while under the influence of intoxicating liquor or drug or both; (2) whether such person was placed under arrest; (3) whether such person was operating the motor vehicle; (4) whether the results of the analysis of the blood of such person indicate that such person had an elevated blood alcohol content; and (5) whether the blood sample was obtained in accordance with conditions for admissibility and competence as evidence as set forth in subsection (j) of section 14-227a. If, after such hearing, the commissioner finds on any one of the said issues in the negative, the commissioner shall not impose a suspension. The fees of any witness summoned to appear at the hearing shall be the same as provided by the general statutes for witnesses in criminal cases, as provided in section 52-260.

(k) The provisions of this section shall apply with the same effect to the refusal by any person to submit to an additional chemical test as provided in subdivision (5) of subsection (b) of section 14-227a.

(l) The provisions of this section shall not apply to any person whose physical condition is such that, according to competent medical advice, such test would be inadvisable.

(m) The state shall pay the reasonable charges of any physician who, at the request of a municipal police department, takes a blood sample for purposes of a test under the provisions of this section.

(n) For the purposes of this section, "elevated blood alcohol content" means (1) a ratio of alcohol in the blood of such person that is eight-hundredths of one per cent or more of alcohol, by weight, or (2) if such person is under twenty-one years of age, a ratio of alcohol in the blood of such person that is two-hundredths of one per cent or more of alcohol, by weight.

(o) The Commissioner of Motor Vehicles shall adopt regulations, in accordance with chapter 54, to implement the provisions of this section.

(1963, P.A. 616, S. 2; February, 1965, P.A. 190; 1967, P.A. 656, S. 9; 721; P.A. 75-205; P.A. 80-438, S. 4; P.A. 81-446, S. 3; P.A. 82-403, S. 4; 82-408, S. 4; P.A. 83-534, S. 2; P.A. 85-596, S. 2; P.A. 89-314, S. 1, 5; P.A. 90-263, S. 73, 74; P.A. 93-371, S. 1, 5; P.A. 94-189, S. 14; P.A. 95-279, S. 1, 2; P.A. 98-182, S. 20, 22; P.A. 99-255, S. 2; P.A. 02-70, S. 72; May 9 Sp. Sess. P.A. 02-1, S. 109; P.A. 03-278, S. 48, 49; P.A. 04-250, S. 1.)

History: 1965 act added provision re implied consent of parents or guardian of minor; 1967 acts required state to pay charges of physician who takes blood sample at police department's request, required arrested person to be informed of constitutional rights, required that three conditions be met for suspension or revocation of license rather than that single condition, i.e. that person was operating vehicle, be met and made provisions inapplicable if charge nolled or changed; P.A. 75-205 included reference to urine tests and to operation of vehicle under influence of drug or both drug and alcohol; P.A. 80-438 specified that judge rather than court or jury is responsible for making finding and added provision re finding in case where charge nolled or changed, allowed suspension or revocation for maximum of six months rather than upon terms and conditions of commissioner and deleted previous provision excluding nolled or changed charge; P.A. 81-446 added the provisions that the license of any person who refuses to submit to test shall be automatically suspended for ninety days, that police officer shall file a written report of such refusal, and that any person whose operating privilege has been suspended in accordance with this section shall be entitled to an immediate hearing before the commissioner; P.A. 82-403 amended Subsec. (b) by replacing the provision that a license will be suspended "for a period of ninety days" with "in accordance with the provisions of subsections (d) and (e) of this section", amended Subsec. (c) by adding "resulting in erratic driving, a motor vehicle violation or a motor vehicle accident", amended Subsec. (d) by specifying its provisions concerned "a first" refusal, made Subsec. (e) a part of Subsec. (d) and added a new Subsec. (e) concerning the hearing procedure for license suspension upon a second or subsequent refusal and the period of such suspension; P.A. 82-408 added provisions re revocation of license for twenty-four hour period; P.A. 83-534 amended the section to make it applicable to a person arrested for operating a motor vehicle "while his ability to operate such motor vehicle is impaired by the consumption of intoxicating liquor", amended Subsec. (b) to authorize the police officer to designate which test the arrested person shall take, to provide that if the person refuses or is unable to submit to a blood test the police officer shall designate the breath or urine test, to require the police officer to inform the person that evidence of refusal to submit to a test will be admissible and may be used against him in a criminal prosecution and to require the police officer to make a record that he informed the person that refusal to take the test would cause suspension of his driver's license, amended Subsec. (d) to increase from ninety days to six months the period of license suspension upon a first refusal, and amended Subsec. (f) to change its applicability from a person who refuses to take a test for the "second or subsequent" time to a person whose license has previously been suspended for a refusal, who has previously been found guilty of operating under the influence or who has previously participated in the pretrial alcohol education system; P.A. 85-596 amended Subsec. (b) to add requirement of affording an operator a reasonable opportunity to telephone an attorney prior to the performance of the test and inserted a new Subsec. (g) re the applicability of the provisions of the section to a refusal to submit to an additional test and relettered the remaining Subsecs. accordingly; P.A. 89-314 extensively revised section by making the provisions applicable to any person who is arrested for manslaughter in the second degree with a motor vehicle or assault in the second degree with a motor vehicle and to any person who submits to a test or analysis where the results of such test or analysis indicate that at the time of the alleged offense the ratio of alcohol in the blood of such person was ten-hundredths of one per cent or more of alcohol, by weight, by amending Subsec. (c) to require the arresting police officer "acting on behalf of the commissioner of motor vehicles" to "take possession" of the license or "suspend" the nonresident operating privilege for twenty-four hours, issue a temporary operator's license or nonresident operating privilege valid for the period commencing twenty-four hours after issuance and ending thirty-five days after the date such person received notice of his arrest, prepare a report of the incident and mail the report together with a copy of the completed temporary license form, any operator's license and a copy of the results of any chemical test or analysis to the department of motor vehicles within three business days, and require that the report be made by the police officer before whom such refusal was made "or who administered or caused to be administered such test or analysis", by amending Subsec. (d) to replace provisions requiring the commissioner upon receipt of a report of a first refusal to suspend a license for six months with provisions requiring the commissioner upon receipt of a report to suspend the license "effective as of a date certain, which date shall be not later than thirty-five days after the date such person received notice of his arrest by the police officer" and to add provisions requiring the commissioner to send the person a suspension notice and specifying the contents of such notice, by deleting Subsec. (e) re police procedure when a license is revoked for twenty-four hours, by deleting Subsec. (f) re the scheduling of a hearing, the issues at the hearing and the suspension for one year for a refusal and three years for a subsequent refusal of the license or privilege of a person whose license or privilege had previously been suspended for a refusal, who had previously been found guilty of operating while under the influence or who had previously participated in the pretrial alcohol education system, by adding a new Subsec. (e) to require the commissioner to affirm the suspension if the person does not schedule a hearing, by adding a new Subsec. (f) re the scheduling and holding of the hearing, the granting of a continuance, the extension of the validity of the temporary license and the issues to be determined at the hearing, formerly part of Subsec. (d), by designating the last sentence of Subsec. (d) as Subsec. (g) and adding provisions re affirmation of the suspension contained in the suspension notice if the commissioner does not find on any one of the said issues in the negative or if the person fails to appear at the hearing, time periods for rendering a decision and sending notice of such decision, and the reinstatement of the license if the commissioner fails to timely render a decision, by adding a new Subsec. (h) re the suspension by the commissioner of the license or privilege, the revocation by the commissioner of the temporary license or privilege, and the periods of license suspension, by redesignating Subsecs. (g), (h) and (i) as Subsecs. (i), (j) and (k), respectively, and by adding Subsec. (l) re regulations; P.A. 90-263 amended Subsec. (f) to require that fees of witnesses summoned to appear at the hearing be the same as provided by the general statutes for witnesses in criminal cases; P.A. 93-371 eliminated the requirement that the test results indicate an elevated blood alcohol ratio "at the time of the alleged offense" by deleting that phrase where appearing, amended Subsec. (c) to require the test or analysis be commenced within two hours of the time of operation and require the report to be "subscribed" and sworn to under penalty of false statement by "the arresting officer" rather than by "the police officer before whom such refusal was made or who administered or caused to be administered such test or analysis", amended Subsec. (f) to authorize the granting of a continuance "at the request of such person or the hearing officer", provide in Subdiv. (3) that part of the issue to be determined is whether the test or analysis was commenced within two hours of the time of operation and added provision requiring evidence be presented that the test results and analysis thereof indicate the blood alcohol content at the time of operation when the additional test indicates the blood alcohol ratio is twelve-hundredths of one per cent or less and is higher than the results of the first test and amended Subsec. (g) to authorize the commissioner to send a notice of his decision by "bulk" certified mail and replace "Unless a continuance is granted to such person" with "Unless a continuance of the hearing is granted", effective July 1, 1993 (Revisor's note: Towards the end of Subsec. (f) the phrase "twelve-hundredths of one per cent or less or alcohol, by weight," was changed editorially by the Revisors to "twelve-hundredths of one per cent or less of alcohol, by weight," for consistency); P.A. 94-189 amended Subsec. (c) by decreasing the time period during which a temporary license or nonresident operating privilege is valid from thirty-five to thirty days after the date of receipt of notice of arrest, amended Subsec. (d) by changing the effective date of suspension from "not later than thirty-five" to "not later than thirty days" after the date of receipt of notice of arrest, amended Subsec. (f) by increasing the continuance period from "not to exceed ten days" to "not to exceed fifteen days", amended Subsec. (g) by decreasing the time period for rendering a decision or sending a notice of decision from thirty-five to thirty days and amended Subdiv. (1) of Subsec. (h) by deleting "at the time of the alleged offense" before "the ratio of alcohol in the blood"; P.A. 95-279 amended Subsecs. (b), (c) and (f) to delete reference to manslaughter in the second degree with a motor vehicle or assault in the second degree with a motor vehicle, and amended Subsecs. (b) and (d) to make suspension of license discretionary rather than mandatory for refusal to submit to test or for submission to test and results indicating that ratio of alcohol in the blood of such operator was ten-hundredths of one per cent or more of alcohol, by weight, or, in the case of Subsec. (d) upon receipt of report by commissioner, effective July 6, 1995; P.A. 98-182 added a new Subsec. (d) re procedures for a police officer to take possession of a motor vehicle operator's license and added a new Subsec. (j) re submission of a chemical analysis of a blood sample of a motor vehicle operator and report to the commissioner, and hearing procedures re license suspension, effective January 1, 1999; P.A. 99-255 made provisions applicable when a person has "an elevated blood alcohol content" rather than when "the ratio of alcohol in the blood of such person was ten-hundredths of one per cent or more of alcohol, by weight", amended Subsec. (i) to revise Subdiv. (1) by adding new Subpara. (B) to provide for a suspension period of "one hundred twenty days, if such person submitted to a test or analysis and the results of such test or analysis indicated that the ratio of alcohol in the blood of such person was sixteen-hundredths of one per cent or more of alcohol, by weight" and redesignating former Subpara. (B) as Subpara. (C), to revise Subdiv. (2) by replacing provision that specified a uniform suspension period of one year with provisions of Subparas. (A), (B) and (C) specifying a suspension period of nine months if the person submitted to a test or analysis and had an elevated blood alcohol content, ten months if the person submitted to a test or analysis and had a blood alcohol ratio of sixteen-hundredths of one per cent or more of alcohol, by weight, and one year if the person refused to submit to a test or analysis, respectively, and to revise Subdiv. (3) by replacing provision that specified a uniform suspension period of two years with provisions of Subparas. (A), (B) and (C) specifying a suspension period of two years if the person submitted to a test or analysis and had an elevated blood alcohol content, two and one-half years if the person submitted to a test or analysis and had a blood alcohol ratio of sixteen-hundredths of one per cent or more of alcohol, by weight, and three years if the person refused to submit to a test or analysis, respectively, added new Subsec. (n) defining "elevated blood alcohol content", redesignating former Subsec. (n) as Subsec. (o), and made technical changes for purposes of gender neutrality; P.A. 02-70 amended Subsec. (c) to eliminate requirement that police officer issue a temporary operator's license or nonresident operating privilege and to eliminate requirement that police officer mail to Department of Motor Vehicles a copy of completed temporary license form and any operator's license taken into possession, effective July 1, 2002; May 9 Sp. Sess. P.A. 02-1 amended Subsecs. (b), (c), (g), and (j) to eliminate references to operating a motor vehicle while the person's ability is impaired by the consumption of intoxicating liquor, amended Subsec. (n) to reduce ratio of alcohol in blood from ten-hundredths to eight-hundredths of one per cent or more of alcohol in definition of "elevated blood alcohol content", eliminate from such definition former Subdiv. (2) providing "if such person has been convicted of a violation of subsection (a) of section 14-227a, a ratio of alcohol in the blood of such person that is seven-hundredths of one per cent or more of alcohol, by weight" and redesignate existing Subdiv. (3) as Subdiv. (2), and made technical changes in Subsecs. (b), (j) and (k), effective July 1, 2002; P.A. 03-278 made technical changes in Subsecs. (g) and (i), effective July 9, 2003; P.A. 04-250 amended Subsec. (e) by designating existing provisions as Subdiv. (1), making conforming changes therein, and adding Subdiv. (2) to permit commissioner to suspend license or operating privilege, upon notice and prior to hearing, of person arrested for operating motor vehicle under influence of alcohol or drugs if person involved in accident resulting in fatality or previously arrested under Sec. 14-227a during preceding ten-year period, amended Subsec. (g) to require hearing re license or operating privilege suspension not later than thirty days after person contacts department and made technical changes in Subsec. (o).

Cited. 200 C. 1, 2, 4, 7, 8. Cited. Id., 615, 619. Cited. 203 C. 97, 101. Cited. 204 C. 507, 508, 510, 512, 513, 515, 519, 520. Cited. Id., 521, 522. Cited. 210 C. 446, 447, 455, 459, 460. Cited. 224 C. 730, 734, 742, 743. Cited. 229 C. 31, 33, 41. Cited. Id., 51, 52. Cited. 230 C. 183, 199. Cited. 235 C. 614-616, 624-627. Question of whether police have a reasonable and articulable suspicion to justify investigative stop is outside scope of the four issues to be considered at a license suspension hearing conducted pursuant to the statute. 252 C. 38.

Cited. 12 CA 427, 434. Cited. 14 CA 212, 213. Cited. 22 CA 142, 157. Cited. 26 CA 101; Id., 805, 809. Cited. 27 CA 346, 347, 351, 353. Cited. 28 CA 733, 735-737. Cited. Id., 911. Cited. 29 CA 576, 577, 580. Cited. 30 CA 108, 122. Cited. 31 CA 797, 799. Cited. 33 CA 501, 502, 505, 507, 508. Cited. 34 CA 189, Cited. Id., 201, 202. Cited. Id., 557, 559-564. Cited. Id., 655, 665. Cited. 36 CA 710, 711, 713-716. Cited. 43 CA 636. Cited. 44 CA 702. Cited. 45 CA 225. Cited. Id., 577. Finding that plaintiff refused to submit to breath analysis valid where plaintiff had provided sufficient breath for previous test and was warned his failure to blow would constitute a refusal. 47 CA 509. Without legislative action to enlarge the scope of a license suspension hearing beyond the four issues specified in Subsec. (f), noncompliance with Subsec. (b) is irrelevant in such a proceeding. Id., 839. Court rejected defendant's claim that the statute is void for vagueness because an ordinary person has no ascertainable method for measuring his or her own blood alcohol level. 48 CA 635. Where arrested person refuses to take breath test, statute requires presence of three persons: the arresting officer, person charged and a third party witness who may or may not be the same person who took the arresting officer's oath. 54 CA 62. Analysis provided for under this section assumes a test for which results are obtained. 60 CA 455.

Prior to this act, refusal of accused, while in custody, to submit samples of body fluids, unaccompanied by words or acts in the nature of admissions by conduct, was held inadmissible. 22 CS 321. Where sample of blood was taken from defendant when he was unconscious in a hospital and could not give his consent, such taking was in violation of his constitutional rights and was not authorized by this section. 26 CS 41. Cited. 37 CS 767, 783, 784. Cited. 38 CS 675, 678; Id., 689, 691. Cited. 39 CS 285, 286. Cited. 40 CS 505-508, 510. At time of arrest, statute did not afford a statutory right to consult with counsel. 40 CS 512-514, 518. Cited. 41 CS 437, 438. Cited. 42 CS 1, 2. Cited. Id., 306, 314. Cited. Id., 599, 600. Cited. Id., 602, 603, 609. In hearing on motor vehicle license suspension, failure of police to indicate on form use of certified analytical device not required by statute. 45 CS 489.

Cited. 3 Conn. Cir. Ct. 46; 3 Conn. Cir. Ct. 347. Competent evidence of any nature, in addition to a breath or blood test, may be relied on to prove insobriety. 3 Conn. Cir. Ct. 478, 479. Finding of operation must be made by the trier of the facts. 4 Conn. Cir. Ct. 34, 46. State not empowered to request finding of operation after jury has been discharged and verdict has been accepted. Id. Circuit court's finding that defendant was operator of motor vehicle is a final judgment for purposes of section 51-265. Id. Applies only to cases involved with driving under the influence of alcohol and not drugs. Any test for drugs has no need for compliance with the relationship of time and arrest. 6 Conn. Cir. Ct. 303.

Subsec. (a):

Cited. 200 C. 1, 5. Cited. 203 C. 97, 99, 100. Cited. 204 C. 507, 520.

Cited. 12 CA 427, 433, 434. Cited. 44 CA 702. Cited. 45 CA 577.

Cited. 39 CS 285, 287. Cited. 40 CS 505, 509. Cited. 41 CS 437, 438.

Subsec. (b):

Cited. 200 C. 1, 8. Cited. 204 C. 507, 511, 512, 514, 516-518. Cited. Id., 521-523. Cited. 210 C. 446, 459. Cited. 224 C. 730, 735. Cited. 229 C. 31, 42.

Cited. 12 CA 338, 342. Cited. Id., 427, 429-433. Cited. 17 CA 250, 254, 256. Cited. 27 CA 346, 348. Cited. 28 CA 708, 718, 719. Cited. Id., 733, 736. Cited. Id., 911. Cited. 30 CA 36, 43. Cited. 41 CA 7, 16, 17. Cited. 44 CA 702. Driver did not have fifth amendment right to consult with counsel before deciding whether to take breath test and failure of statute to require police officer to inform driver that his Miranda rights did not extend to taking a breath test did not deprive him of due process under fourteenth amendment. 53 CA 391.

Cited. 39 CS 285, 287. Failure to warn completely as required by statute renders suspension of license contrary to law. 40 CS 505, 509-511. Reference to actual suspension period not required in warning to be given to operator. Id., 512, 516. Cited. 41 CS 437, 439, 442. Cited. 42 CS 306, 320.

Subsec. (c):

Cited. 204 C. 507, 511, 517, 518. Cited. 210 C. 446, 459, 460. Written report required by this section may be admissible at administrative suspension hearing even if officer originating report was not currently certified to administer breath analysis tests. 229 C. 31, 37, 42, 43.

Cited. 26 CA 805, 810. Cited. 27 CA 346, 348. Cited. 28 CA 733, 735-738. Cited. 31 CA 350, 351. Cited. 34 CA 557, 559, 564-566. Cited. 43 CA 636. Cited. 44 CA 702. Cited. 45 CA 577. Report of refusal to take breath test properly admitted into evidence in administrative proceeding where plaintiff, arresting officer and testing officer were present during testing and arresting officer swore to report form in capacity as arresting officer and as witness to the refusal. 61 CA 213. Court properly determined there was substantial evidence to support commissioner's finding of refusal by conduct where plaintiff failed to comply with officer's repeated instructions as to how test should be performed, improperly blew into intoxilyzer and subsequently refused to blow into intoxilyzer again. Id. Refusal to take breath test can occur through conduct as well as expressed refusal. 70 CA 76.

Cited. 40 CS 505, 507, 511. Cited. 41 CS 437-439. Cited. 42 CS 1, 5, 6. Cited. Id., 306, 307, 320. Cited. Id., 602, 610, 611.

Subsec. (d):

Before suspending a license, commissioner is not required to find that subject understood consequences of refusal to submit to chemical testing. 200 C. 1, 6-8. License suspension hearing must be limited to the four issues set forth. 204 C. 507, 511, 512, 514-520. Subdiv. (3) cited. Id., 507, 520. Scope of administrative hearing clearly limited. Id., 521, 523. Cited. 210 C. 446, 459.

Cited. 9 CA 686, 730. Cited. 15 CA 58, 62, 63. Cited. 27 CA 346, 348. Cited. 29 CA 576, 577. Cited. Id., 582. Cited. 30 CA 36, 39. Cited. 33 CA 501, 504. Cited. 34 CA 557, 566. Cited. 43 CA 636.

Cited. 39 CS 285, 287. Cited. 40 CS 505, 508. Cited. Id., 512, 513, 516. Cited. 42 CS 1, 3. Cited. Id., 306, 307, 320.

Subsec. (e):

Cited. 15 CA 58, 62, 63.

Cited. 40 CS 512, 516.

Subsec. (f):

Cited. 229 C. 31, 34, 37-39, 42. Subdiv. (3) cited. Id., 31, 42. Cited. Id., 51, 53, 56, 57, 59.

Cited. 9 CA 686, 730. Cited. 15 CA 58, 62, 63. Cited. 26 CA 101, 102. Cited. 27 CA 346, 348, 349. Cited. 28 CA 733, 735. Cited. Id., 911, 912. Cited. 29 CA 576, 577, 581. Cited. Id., 582. Subdiv. (3) cited. 30 CA 36, 44. Cited. 31 CA 350, 352. Cited. 33 CA 501, 504, 505. Cited. 34 CA 189. Cited. Id., 201, 202. Cited. Id., 557, 566. Cited. 43 CA 636. Subdiv. (1) cited. Id. Cited. 44 CA 702. Cited. 45 CA 577. Legislature created a "rebuttable presumption" that test results can be used in place of direct evidence. 48 CA 391. Re probable cause for traffic stop, an investigatory stop is authorized if the police officer had a reasonable and articulable suspicion that the person has committed or is about to commit a crime. 49 CA 481.

Cited. 40 CS 512, 516. Cited. 41 CS 437, 438. Subdiv. (3) cited. Id., 437, 443. Cited. 42 CS 1, 3. Cited. Id., 306, 307, 314, 315, 317, 322. Cited. Id., 599, 600. Cited. Id., 602, 606, 611. Subdiv. (3) cited. Id., 602, 616.

Subsec. (g):

Cited. 229 C. 31, 38.

Cited. 29 CA 576, 577. Cited. 31 CA 350-353. Cited. 44 CA 702. Probable cause not needed to make a lawful stop of a motor vehicle; investigative stops discussed. 47 CA 111. Trial court's findings relative to administrative hearing issues reviewed and affirmed. Id., 451.

Cited. 42 CS 306, 307.

Subsec. (h):

Cited. 229 C. 51, 58. Subdiv. (1)(A) cited. 235 C. 614, 617. Cited. Id., 614, 627.

Subdiv. (1)(B) cited. 30 CA 36, 39. Subdiv. (2) cited. 33 CA 501, 505. Subdiv. (1)(B) cited. 36 CA 710, 712. Subdiv. (3) cited. 43 CA 636. Cited. 45 CA 577. Administrative suspension of driver's license by Department of Motor Vehicles and prosecution by the court of underlying offense of driving while intoxicated does not violate separation of powers provision of state constitution. 51 CA 4. Delivery by bulk certified mail of commissioner's decisions is sufficient notice. 62 CA 796.

Cited. 42 CS 1, 2. Cited. Id., 602.

Subsec. (j):

Re plaintiff's claim that hearing officer should only have considered plaintiff's medical report re inadvisability to take Breathalyzer test, hearing officer's consideration of other evidence was proper in this case. 62 CA 604.

Subsec. (l):

Cited. 42 CS 602, 611.

Sec. 14-227c. Blood or breath samples required following accidents resulting in death or serious physical injury. (a) As part of the investigation of any motor vehicle accident resulting in the death of a person, the Chief Medical Examiner, Deputy Chief Medical Examiner, an associate medical examiner, a pathologist as specified in section 19a-405, or an authorized assistant medical examiner, as the case may be, shall order that a blood sample be taken from the body of any operator or pedestrian who dies as a result of such accident. Such blood samples shall be examined for the presence and concentration of alcohol and any drug by the Division of Scientific Services within the Department of Public Safety or by the Office of the Chief Medical Examiner. Nothing in this subsection or section 19a-406 shall be construed as requiring such medical examiner to perform an autopsy in connection with obtaining such blood samples.

(b) A blood or breath sample shall be obtained from any surviving operator whose motor vehicle is involved in an accident resulting in the serious physical injury, as defined in section 53a-3, or death of another person, if a police officer has probable cause to believe that such operator operated such motor vehicle while under the influence of intoxicating liquor or any drug, or both. The test shall be performed by or at the direction of a police officer according to methods and with equipment approved by the Department of Public Safety and shall be performed by a person certified or recertified for such purpose by said department or recertified by persons certified as instructors by the Commissioner of Public Safety. The equipment used for such test shall be checked for accuracy by a person certified by the Department of Public Safety immediately before and after such test is performed. If a blood test is performed, it shall be on a blood sample taken by a person licensed to practice medicine and surgery in this state, a qualified laboratory technician, an emergency medical technician II, a registered nurse, a physician assistant or a phlebotomist. The blood samples obtained from an operator pursuant to this subsection shall be examined for the presence and concentration of alcohol and any drug by the Division of Scientific Services within the Department of Public Safety.

(1971, P.A. 328; P.A. 75-308, S. 2; P.A. 76-245; P.A. 77-614, S. 323, 610; P.A. 79-47, S. 4; P.A. 80-142, S. 1; 80-190, S. 3; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58; 95-314, S. 6; P.A. 99-218, S. 5, 16; P.A. 00-196, S. 11; May 9 Sp. Sess. P.A. 02-1, S. 110; P.A. 03-265, S. 4; P.A. 04-250, S. 5.)

History: P.A. 75-308 deleted four hour deadline for taking sample after death and required examination by health department toxicology lab or medical examiner's office; P.A. 76-245 added provision re autopsy; P.A. 77-614 replaced state department of health with department of health services, effective January 1, 1979; P.A. 79-47 included references to deputy chief medical examiners, associate medical examiners and pathologists; P.A. 80-142 and 80-190 deleted reference to coroners; P.A. 93-381 replaced department of health services with department of public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; P.A. 95-314 required that blood or breath test be performed by or at direction of police officer according to approved methods and with equipment checked for accuracy by certified personnel and provided if a blood test is performed, it shall be on a blood sample taken by specified medical personnel; P.A. 99-218 replaced toxicological laboratory of the Department of Public Health with Division of Scientific Services within the Department of Public Safety, and replaced Department and Commissioner of Public Health with Department and Commissioner of Public Safety, effective July 1, 1999; P.A. 00-196 changed an incorrect internal reference to Sec. 14-227b to Sec. 14-227a; May 9 Sp. Sess. P.A. 02-1 made a technical change, effective July 1, 2002; P.A. 03-265 divided existing provisions into Subsecs. (a) and (b), amended Subsec. (a) to replace "a fatality" with "the death of a person" and require the blood samples be examined for the presence and concentration of "any drug", amended Subsec. (b) to replace "To the extent provided by law, a blood or breath sample may also be obtained from any surviving operator whose motor vehicle is involved in such an accident" with "A blood or breath sample shall be obtained from any surviving operator whose motor vehicle is involved in an accident resulting in the serious physical injury, as defined in section 53a-3, or death of another person, if a police officer has probable cause to believe that such operator operated such motor vehicle while under the influence of intoxicating liquor or any drug, or both", to require the blood samples be examined for the presence and concentration of "any drug" and to make technical changes and repositioned from Subsec. (b) to Subsec. (a) language re nothing being construed as requiring the performance of an autopsy; P.A. 04-250 amended Subsec. (b) to permit physician assistant to take blood sample of surviving operator.

Cited. 35 CS 511, 514, 516.

Sec. 14-227d. Pilot program permitting issuance of warning to and twenty-four-hour revocation of license of certain alleged offenders. Section 14-227d is repealed.

(P.A. 82-408, S. 3; P.A. 83-534, S. 11.)

Sec. 14-227e. Community service for persons convicted of operation while under the influence of liquor or drug. As used in this section and subsection (g) of section 14-227a:

(a) (1) "Community service" means the placement of defendants in unpaid positions with nonprofit or tax-supported agencies for the performance of a specified number of hours of work or service within a given period of time.

(2) "Community service plan" means an agreement between the court and the defendant which specifies (A) the number of required community service hours, (B) the type of agency for placement, (C) the period of time in which the community service will be completed, (D) the tentative schedule, (E) a brief description of the responsibilities, (F) conditions and sanctions for failure to fulfill the plan, and (G) the supervisor of the plan.

(b) In sentencing a defendant to perform community service, the court shall fix the conditions and terms of such sentence and shall review the community service plan and, upon approval, sentence such defendant in accordance with such plan. No sentence of community service shall be imposed without the consent of the defendant.

(c) Any organization administering sentences of community service shall prepare and file with the court a copy of all community service plans and shall notify the court when a defendant has successfully completed such plan.

(d) Any organization administering sentences of community service shall prepare a written statement outlining noncompliance by a defendant and shall without unnecessary delay notify the state's attorney for that judicial district requesting that a hearing be held to determine whether the sentence of community service should be revoked.

(e) The court may at any time, for good cause shown, terminate the sentence of community service or modify or enlarge the terms or conditions or require the defendant to serve the original incarcerative sentence for violation of any of the conditions of the sentence of community service.

(P.A. 85-387, S. 3; 85-613, S. 137; May 9 Sp. Sess. P.A. 02-1, S. 111.)

History: P.A. 85-613 amended Subsec. (b) by deleting reference to community service plans "prepared by private not-for-profit community correction agencies" and deleted Subsec. (f) which required the department of correction to approve community service sentences; May 9 Sp. Sess. P.A. 02-1 made a technical change, effective July 1, 2002.

Sec. 14-227f. Alcohol and drug addiction treatment program. Waiver. Appeal. Regulations. (a) Any person whose motor vehicle operator's license or nonresident operating privilege is suspended under subsection (g) of section 14-227a for a conviction of a violation of subsection (a) of said section or under section 14-227b for a second or subsequent time shall participate in a treatment program which includes an assessment of the degree of alcohol abuse and treatment, as appropriate, approved by the Commissioner of Motor Vehicles. The commissioner shall not reinstate the operator's license or nonresident operating privilege of any such person until such person submits evidence to the commissioner that such person has satisfactorily completed the treatment program. Any person whose certificate is suspended or revoked pursuant to section 15-133, 15-140l or 15-140n shall participate in such treatment program.

(b) The treatment program shall be designed by the commissioner, with the advice and assistance of the Motor Vehicle Operator's License Medical Advisory Board established pursuant to section 14-46b, any state agency or any other public or private entity engaged in the provision of responsible services for the treatment of alcohol and drug addiction as the commissioner may request. The program shall consist of intensive treatment and a phase of continuing aftercare supervision and monitoring on an individual basis. The program may be provided by one or more private organizations approved by the commissioner which meet qualifications established by him, provided the entire costs of the program shall be paid from fees charged to the participants, the amounts of which shall be subject to the approval of the commissioner.

(c) Upon receipt of notification from the commissioner of the requirement to participate in the program, such person may, within thirty days, petition the commissioner in writing for a waiver of such requirement on the following grounds: (1) The petitioner is presently undergoing a substantial treatment program for alcohol or drug addiction, or has completed such a program subsequent to his most recent arrest, either as a result of an order of the Superior Court or on a voluntary basis, and (2) the petitioner does not, in the opinion of a licensed physician based upon a personal examination, have a current addiction problem which affects his ability to operate a motor vehicle in a safe manner or pose a significant risk of having such a problem in the foreseeable future. In reviewing and determining whether to grant any such petition, the commissioner shall request and give due consideration to the advice of the Motor Vehicle Operator's License Medical Advisory Board. Any person aggrieved by the decision of the commissioner may appeal such decision in accordance with the provisions of chapter 54.

(d) The commissioner shall adopt regulations in accordance with chapter 54 to implement the provisions of this section.

(P.A. 95-314, S. 5; May 9 Sp. Sess. P.A. 02-1, S. 112; P.A. 03-244, S. 10; 03-265, S. 12, 21.)

History: May 9 Sp. Sess. P.A. 02-1 amended Subsec. (a) to make a technical change, effective July 1, 2002; P.A. 03-244 amended Subsec. (a) to provide for participation by persons convicted of Sec. 15-133, 15-140l or 15-140n and to make a technical change (Revisor's note: In Subsec. (a) an apparent clerical error which resulted in the appearance of a reference to "subsection (h) of section 14-227a" was corrected editorially by the Revisors to read "subsection (g) of section 14-227a", and also in Subsec. (a), "sections 15-133, 15-140l or 15-140n" was changed editorially by the Revisors to "section 15-133, 15-140l or 15-140n" for proper form); P.A. 03-265 amended Subsec. (a) to change requirement for participation in treatment program to include person whose operator's license is suspended for first conviction of violation of Sec. 14-227a(a) and to add requirement that drug treatment program include assessment of degree of alcohol abuse and treatment, as appropriate.

Sec. 14-227g. Operation by person under twenty-one years of age while blood alcohol content exceeds two-hundredths of one per cent. Procedures. Penalties. (a) No person under twenty-one years of age shall operate 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 while the ratio of alcohol in the blood of such person is two-hundredths of one per cent or more of alcohol, by weight.

(b) The fact that the operator of a motor vehicle appears to be sixteen years of age or over but under twenty-one years of age shall not constitute a reasonable and articulable suspicion that an offense has been or is being committed so as to justify an investigatory stop of such motor vehicle by a police officer.

(c) The provisions of subsections (b), (d), (f), (g), (h), (i), (j), and (k) of section 14-227a, adapted accordingly, shall be applicable to a violation of subsection (a) of this section.

(P.A. 95-314, S. 2; P.A. 96-180, S. 135, 166; P.A. 99-255, S. 5; May 9 Sp. Sess. P.A. 02-1, S. 113; P.A. 04-199, S. 34.)

History: P.A. 96-180 amended Subsec. (a) to replace "over sixteen years of age" with "sixteen years of age or over", effective June 3, 1996; P.A. 99-255 substantially revised section by amending Subsec. (a) to delete provision that authorized a police officer who makes a custodial arrest of a motor vehicle operator under twenty-one years of age whom the officer reasonably believes has consumed alcoholic liquor and who exhibits some indicia of impairment to administer a blood, breath or urine test to such person, to add provision prohibiting any person under twenty-one years of age from operating a motor vehicle while the ratio of alcohol in the blood is two-hundredths of one per cent or more of alcohol, by weight, and to designate existing provisions re apparent age of operator not constituting a reasonable and articulable suspicion that an offense has been or is being committed as Subsec. (b), deleting former Subsec. (b) that required the police to report to the Commissioner of Motor Vehicles the name and address of a person whose blood alcohol content is more than two-hundredths but less than ten-hundredths of one per cent of alcohol, by weight, that required the commissioner to provide notice and an opportunity for hearing within forty-five days of receipt of such report and that specified the issues to be determined at such hearing, deleting former Subsec. (c) that required the commissioner to suspend the license or nonresident operating privilege for ninety days if the commissioner does not find any one of the issues enumerated in former Subsec. (b) in the negative or the person fails to appear at the hearing, that established an exception to such suspension if the person proves that the blood alcohol content was the result of consumption of liquor delivered or given to him on order of a practicing physician or by a parent, guardian or spouse as authorized by Sec. 30-86, and that specified the procedure and deadline for rendering a decision and sending notice to the person, and adding new Subsec. (c) to make the provisions of Subsecs. (c), (e), (g), (h), (j), (k) and (l) of Sec. 14-227a, adapted accordingly, applicable to a violation of Subsec. (a); May 9 Sp. Sess. P.A. 02-1 amended Subsec. (c) to make technical changes, effective July 1, 2002; P.A. 04-199 amended Subsec. (c) to add that provisions of Sec. 14-227a(k) are applicable to violation of Subsec. (a), effective July 1, 2004.

Sec. 14-227h. Impoundment of motor vehicle operated by certain persons arrested for operating while under the influence of liquor or drug. Any police officer who arrests a person for a violation of subsection (a) of section 14-227a during the period such person's operator's license or right to operate a motor vehicle in this state is under suspension or revocation shall cause the motor vehicle such person was operating at the time of the offense to be impounded for a period of forty-eight hours after such arrest. The owner of such motor vehicle may reclaim such motor vehicle after the expiration of such forty-eight-hour period upon payment of all towing and storage costs.

(P.A. 97-291, S. 2.)

Sec. 14-227i. Records of police investigation of defendant re operation of motor vehicle while under influence of, or impaired by, intoxicating liquor or drugs. Copies. (a) Notwithstanding any provision of the general statutes, the investigating police department shall maintain any record of a defendant concerning the operation of a motor vehicle by such defendant while under the influence of, or impaired by the consumption of, intoxicating liquor or drugs for a period of not less than two years from the date such defendant was charged with a violation of section 14-227a.

(b) (1) Notwithstanding any other provision of the general statutes, by making a written request to the investigating police department, a person injured in an accident caused by the alleged violation of section 14-227a by any such defendant, any party to a civil claim or proceeding arising out of such accident, or the legal representative of any such person or party may review and obtain regular or certified copies of any record concerning the operation of a motor vehicle by such defendant while under the influence of, or impaired by the consumption of, intoxicating liquor or drugs.

(2) The investigating police department shall furnish regular or certified copies of any such record to any person or the legal representative of such person, or to such party, not later than fifteen days following receipt of such request. The investigating police department shall charge a fee for such copies that shall not exceed the cost to such police department for providing such copies, but not more than fifty cents per page in accordance with section 1-212.

(P.A. 99-277, S. 1.)

Sec. 14-227j. Court order prohibiting operation of motor vehicle not equipped with ignition interlock device. (a) For the purposes of this section and section 14-227k: "Ignition interlock device" means a device installed in a motor vehicle that measures the blood alcohol content of the operator and disallows the mechanical operation of such motor vehicle until the blood alcohol content of such operator is less than twenty-five thousandths of one per