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Admissibility of Chemical Test and Breathalyzer Results for DUI Prosecution

by Joseph C. Maya on Aug. 11, 2017

Criminal DUI-DWI Criminal  Misdemeanor 

Summary: A blog post about DUI breathalyzer and toxicology tests and what is admissible in a criminal prosecution.

For a free consultation with an experienced criminal defense attorney, please call the offices of Maya Murphy, P.C. today at (203) 221-3100 or Joseph C. Maya, Esq. at JMaya@Mayalaw.com.

Under Connecticut law, any person who operates a motor vehicle within the State shall be deemed to have given his or her consent to a chemical analysis of the operator’s blood, breath or urine and, if such person is a minor, such person’s parent, parents, or guardian shall also be deemed to have provided their consent.

It is the belief of many operators that under Connecticut’s implied consent laws, that once a police officer stops him or her for an alcohol related offense and performs a breathalyzer test, that the evidence is always admissible at trial.  This popular belief, while having some validity, is not entirely accurate and a skilled and qualified Connecticut criminal attorney can work to either invalidate or suppress the chemical evidence against an operator.

Under the law, the standard for determining whether evidence is admissible against an operating motorist depends upon whether the driver was injured.  In order for the test results against an uninjured operator to be admissible: (1) the driver must have been given a reasonable chance to call a lawyer before taking the chemical test and consented to taking the test; (2) a copy of the test results must have been mailed, or personally delivered to the driver within twenty-four (24) hours, or at the end of the next business day after the results are known; (3) the test must be administered by a police officer, or at the officer’s direction; (4) the test must be administered using methods and equipment approved by the Department of Emergency Services and Public Protection (DESPP), and according to DESPP regulations; (5) the testing equipment must have been checked for accuracy according to DESPP regulations; (6) a second test of the same type must be administered as least ten (10) minutes after the first test is conducted (unless the second test is to detect the presence of drugs, in which case it will be of a different type and does not have to be administered within that timeframe); and (6) the test must have begun within two (2) hours of operation.  If the operator was in fact injured, the chemical testing may be done at a medical facility following standard medical procedures and a properly obtained judicial warrant.

If you have been arrested and charged with a driving under the influence related offense, contact the experienced criminal law attorneys today at 203-221-3100, or by email at JMaya@mayalaw.com.  We have the experience and knowledge you need at this critical juncture. We serve clients throughout Connecticut and all of Fairfield County, from Greenwich and Stamford to Westport and Bridgeport.

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