BAC Tests and The Admissibility of Evidence in Connecticut DUI Cases

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BAC Tests

A police officer may measure a motorist's BAC by testing the driver's blood, breath, or urine. The law establishes a rebuttable presumption that a driver's BAC at the time it is tested is the same as the BAC at the time he or she was stopped. The law requires two tests at least 10 minutes apart. If the result of the second test is .10% or less, and higher than the first test, the prosecution must demonstrate that the test results and analysis accurately reflect the driver's BAC at the time of the alleged offense (CGS § 14-227a(b)).

Admissibility of Evidence for Uninjured Drivers

The standard for determining whether evidence is admissible depends on whether the driver was injured.

In order for the test results of an uninjured driver to be admissible:

1. the driver must have (a) been given a reasonable chance to call a lawyer before taking the test and (b) consented to taking it;
2. a copy of the test results must be mailed or personally delivered to the driver within 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 test equipment must have been checked for accuracy according to DESPP regulations;
6. a second test of the same type must be administered at least 10 minutes after the first test is conducted (unless the second test is to detect the presence of drugs, in which case it can be of a different type and does not have to be administered within that time frame); and
7. the test must have begun within two hours of operation (presumably the time of the alleged offense) (CGS §14-227a (b)).

The DESPP commissioner must determine the reliability of each method and type of device used to test blood, breath, and urine, and certify those suitable for use in Connecticut. He must adopt regulations governing the conduct of tests; the operation and use of test devices; the training and certification of test operators; and the drawing or obtaining of blood, breath, and urine samples (CGS § 14-227a (d)).

Evidence that a driver refused to submit to a test is admissible if the procedural requirements of CGS § 14-227b(described below) are followed. At trial, the court must instruct the jury as to what inferences it can and cannot draw from a refusal (CGS § 14-227a (e)).

Admissibility of Evidence for Samples Taken from Apparently Injured Drivers Requiring Medical Treatment

A different set of admissibility standards applies to blood or urine samples taken from an injured driver in the course of his or her medical treatment. Results of a chemical analysis of the sample are competent evidence to establish probable cause for the person's arrest by warrant and are admissible in a subsequent prosecution if

1. the sample was taken for the diagnosis and treatment of the injury;
2. of a blood sample, it was taken in accordance with DESPP regulations;
3. a police officer satisfies a Superior Court judge that
   1. he or she had reason to believe the motorist was driving under the influence of alcohol or drugs and
   2. the blood or urine sample constitutes evidence of this offense;
4. the judge issues a search warrant authorizing the seizure of the test results.

The warrant may also authorize the seizure of hospital medical records prepared in connection with the diagnosis or treatment of the injury (CGS § 14-227a (k).

Maya Murphy P.C. has the resources and expertise to offer you the best possible representation throughout the criminal process. If you are facing criminal charges or wish to appeal your case, please call the offices of Maya Murphy, P.C. today at (203) 221-3100 or Joseph C. Maya, Esq. atJMaya@Mayalaw.com.

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Source: Paul Frishman, Connecticut DUI Law: BAC Tests; Admissibility of Evidence for Uninjured Drivers; Admissibility of Evidence for Samples Taken from Apparently Injured Drivers Requiring Medical Treatment, OLR Research Report, Jul. 17, 2012, available at https://www.cga.ct.gov/2012/rpt/2012-R-0279.htm