Blood or Urine Samples to Determine Blood Alcohol Content

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 General Statutes, Section 14-227a, 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 driving under the influence if he or she operates a motor vehicle: (1) while under the influence of intoxicating liquor or any drug, or both, or (2) while such person has an elevated blood alcohol content.

While most drivers are familiar with the standard scene of a police officer asking a driver to submit to a breathalyzer test, there are additional methods which may be utilized by an officer to determine violations of Connecticut’s driving under the influence laws when the suspected intoxicated operator is not capable of performing a breathalyzer test.  Under Connecticut General Statutes, Section 14-227a(k):

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 blood or a urine sample provided by the injured 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…of the operator.

The evidence from the operator’s blood or urine is considered admissible and competent in any subsequent prosecution against the operator if: (1) the blood sample was taken, or the urine sample was provided for the diagnosis and treatment of the injury of the operator;(2) if a blood sample was taken, the blood sample was taken in accordance with the regulations adopted by the State of Connecticut; (3) a police officer has demonstrated to the satisfaction of a Judge of the Superior Court, that the officer had reason to believe that the driver was operating a motor vehicle while under the influence of an intoxicating liquor or drug, or both, and that the chemical analysis of the blood or urine sample constitutes evidence of the commission of driving under the influence under C.G.S. §14-227a; and (4) such Judge has issued a search warrant in accordance with section C.G.S. §54-33a, authorizing the seizure of the chemical analysis of the blood or urine sample.

The issued search warrant may also authorize the seizure of the medical records prepared by the hospital in connection with the diagnosis or treatment of the operator’s injury.

If all of the above procedures are not followed correctly, any evidence seized, including the blood or urine with an operator’s blood alcohol content, may be inadmissible and unusable against an operator in a criminal case.

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.

Source: C.G.S. § 14-227a