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Blood Alcohol Content
Driving is a privilege in Connecticut, and under Connecticut’s Implied Consent Law any person who operates a motor vehicle is presume to have given his or her consent to a test to determine blood alcohol concentration (BAC).
You are legally intoxicated if your BAC is .08 or above. If you are under 21 years of age, you are legally intoxicated at a .02 BAC or higher.
You are under the influence of a drug if the drug shows up in your urine or blood.
In Connecticut, operating a motor vehicle while under the influence of alcohol and/or drugs is a criminal offense. This offense may be prosecuted with or without any direct evidence of a person’s blood alcohol concentration (BAC). The determining factor is whether a person’s ability to drive has been impaired.
Connecticut general statute section 14-227a (b)(6) goes on to state that in any prosecution for DUI 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 0.12 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.
This is why you need an attorney to represent you in a DUI case.
Chemical Tests
The arresting officer has the right to ask you to take the test he wants you to take as long as it is a breath test, urine test or blood test. You either take the test he wants you to take or he will say you refused to take the test and you will lose your license for at least six (6) months. The test you take is at the option of the police officer. However, 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 must give you the following advisory:
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Implied Consent Advisory
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| You are requested to submit to a blood, breath, or urine test chosen by the police officer. You may refuse a blood test, in which case another test will be selected. If you elect to submit to the test, you will be required to take two tests of the same type at least thirty (30) minutes apart. If you refuse to submit, the tests will not be given. Your refusal will result in the revocation of your operator’s license for 24 hours and the suspension of your operator’ license for at least 6 months. If you submit to the tests, and the results indicated that you have an elevated blood alcohol content, your operator’s license will be revoked for 24 hours and will be suspended for at least 90 days. If you hold an operator’s license from another state other than Connecticut, your driving privilege in Connecticut is subject to the same revocation and suspension penalties. The results of the tests or the fact of a refusal shall be admissible in evidence against you in a criminal prosecution for driving under the influence of alcohol and/or drugs, and evidence of a refusal may be used against you in any criminal prosecution. |
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