Effective October 1, 2009, certain changes took effect in the area of Connecticut drunk driving and operating under the influence cases, by virtue of Connecticut Public Act 09-187.  The following summarizes some of the key changes.  This article is not intended to be a substitute for experienced legal representation.  Any questions regarding the contents of this article, or cases of driving under the influence, should be directed to the author.

OPERATING UNDER THE INFLUENCE

Connecticut Public Act 09-187 contains changes to sections 14-227a, 14-227b and 14-227g of the Connecticut General Statutes.  These changes are listed by reference to the section number of Public Act 09-187.

1.         Public Act Section 62

This section amends subsections (a) and (b) of 14-227a, Operation while under the influence of liquor or drug or while having an elevated blood alcohol content.  In subsection (a), the definition of “elevated blood alcohol content” has been expanded to include, for the driver of a commercial motor vehicle, a ratio of alcohol in the blood that four–hundreds of one percent (.04%) or more by weight.  The term “commercial motor vehicle” is defined in section 14-1(15).  A vehicle with a commercial registration may not meet the definition of a “commercial motor vehicle.”

Another amendment to subsection (b) of section 14-227a changes the minimum time that must expire before the second chemical alcohol test, like a breathalyzer, is administered.  The amendment requires an additional chemical test of the same type to be conducted at least ten (10) minutes after an initial test.  As currently written, this section requires that chemical test be conducted at least thirty minutes apart. 

Subsection (b) of section 14-227a permits chemical alcohol tests to be used in evidence in a criminal prosecution to demonstrate the amount of alcohol in the driver’s blood or urine at the time of the alleged offense provided certain conditions are met.  One of those conditions is that the chemical alcohol tests must have been given to the driver within two hours of the time of operation of the vehicle.  This creates a rebuttable presumption that the test results establish the ratio of alcohol in the operator’s blood at the time they were driving.  However, when the amount of alcohol in an operator’s blood or urine is .12% or lower, and the second test is higher than the first (rising BAC – blood alcohol level), evidence must be presented in the criminal prosecution to demonstrate that the numbers accurately reflect the operator’s BAC at the time of the offense.  This provision has been in effect since .10 was the threshold for operating under the influence.  Under section 62 of Connecticut Public Act 09-187, this has been amended to require such evidence in a criminal prosecution when the BAC is .10% or lower, and the second test is higher than the first.

2.         Public Act Section 63

This amends portions of the administrative per se statute, section 14-227b of the Connecticut General Statutes, Implied consent to test operator's blood, breath or urine. Testing procedures. License suspension. Hearing.  The change in subsection (c) authorizes a police officer to transmit a police report to the DMV other than by mail, and removes the requirement that the report be “written.”  It also enables the Commissioner of Motor Vehicles to accept police reports that are signed with electronic signatures and transmitted as electronic records.  This subsection also eliminates as a basis for objection to admissibility at an administrative hearing the fact that a report has been prepared and submitted electronically.

Section 14-227b(g) currently authorizes the DMV to grant one continuance, for good cause, not to exceed fifteen (15) days. The amendment authorizes “one or more continuances.”  This subsection also eliminates the requirement that evidence be presented at a per se hearing to demonstrate that the chemical alcohol tests accurately reflect the BAC at the time of operation when the Respondent’s BAC is .12 or lower, and the second test is higher than the first.  It permits the hearing officer to rely upon the results of the chemical alcohol test provided that the test was commenced within two hours of the time of operation.  A provision also was added to subsection (g) specifically requiring the service of a subpoena upon a police officer at least seventy-two (72) hours prior to the designated time of an administrative hearing.

The amendment to subsection (h) of 14-227b removes a requirement that a decision from an administrative per se hearing be rendered no later than thirty (30) days after the arrest if there is no continuance or forty-five (45) days after the arrest if a continuance is granted.  The statute will no longer require the DMV to restore the license of any person whose decision is not forthcoming within those time frames.

The amendment to subsection (k) of 14-227b permits a blood sample to be obtained by warrant when a driver is brought to a hospital because he or she is deemed by a police officer to require treatment or observation.  The existing statute limits the circumstances under which blood may be obtained by warrant to those in which a driver has suffered or allegedly suffered physical injury in an accident.

Subsection (o) of section 14-227 amends the definition of “elevated blood alcohol content” to include, in the case of an operator of a commercial motor vehicle, four-hundreds of one per cent (.04%) or more.  This is consistent with the amendment of this definition in section 14-227a.

3.         Public Act Section 64

Section 14-227g of the Connecticut General Statutes, Operation by person under twenty-one years of age while blood alcohol content exceeds two-hundredths of one per cent. Procedures. Penalties, prohibits operation with a BAC of .02 or more by a person who is under 21 years of age.  To constitute an offense under this section as it is currently written, the driver must be on a public highway, in a parking lot for ten or more cars or on school property.  The amendment removes this restrictive language, and simply prohibits operation of a motor vehicle by a person who is less than 21 years of age when he or she has a BAC of .02 or more.

SPECIAL OPERATOR PERMITS (WORK AND EDUCATION PERMITS)

This amends section 14-37a of the Connecticut General Statutes, Special operator's permit for employment purposes (work permits).  That statute currently authorizes the Commissioner to issue work permits to employed persons with licenses that are suspended for violations of chapter 248 (except 14-215).  This has been expanded to include the issuance of “education permits” to students with suspended licenses who are traveling to and from an accredited institution of higher education.  The conditions under which the permits may be issued are elaborated in the statute, and the requirements must be satisfied in order to obtain the permit from DMV.  Each education permit will contain the legend “Education Only.”  In the event that a student is also employed, he or she will have two separate permits.  The work permit will contain the work schedule and the education permit will contain the education schedule of the driver.