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Although generally a blood-alcohol test must take place within two hours of operation of a motor vehicle, the rule does not apply, if a hospital administers the test.
On Sept. 28, 2014, a motorist on Route 8 in Naugatuck allegedly observed a gray Eclipse weaving in and out of traffic. When the motorist next observed the Eclipse, it had crashed into a guard rail and pole. State Trooper Wayne Petralito arrived at the scene and observed that the driver appeared semi-coherent, had cuts and smelled of alcohol. The driver was transported to a hospital. A nurse claimed that he was uncooperative and made an attempt to bite her hand. Allegedly, the driver tested positive for cocaine and had a blood-alcohol content of .215 percent. The police arrested the driver, and a hearing officer suspended his driver's license for 10 months, because his blood alcohol level was higher than .16 percent and it was his second offense. Plaintiff driver appealed and argued that the blood-alcohol test did not take place within two hours of operation of a motor vehicle, as required by statute.
The court rejected plaintiff's argument, because the two-hour rule does not apply to hospital tests of blood-alcohol content, pursuant to C.G.S. §14-227b(k). Ample evidence existed that, even if the two-hour rule applied, plaintiff operated and crashed his Eclipse at approximately 7:45 a.m. The test took place at 8:46 a.m., which was within two hours of operation. Plaintiff driver also questioned whether a qualified individual administered the test, pursuant to Regulations of Connecticut State Agencies §14-227a-9b. Substantial evidence existed to support the hearing officer's conclusion, because the state trooper wrote, "Sample was taken and analysis obtained in accordance with the requirements of §14-227a(k)." Although the hospital report did not identify the technician who administered the test, it named the attending physician, it contained much detail and analysis and it included the hospital's logo. Plaintiff failed to prove that regulations were violated when the hospital tested his blood-alcohol level. The hearing officer reasonably could have inferred that the administration of the test met procedural requirements. Plaintiff did not prove that his substantial rights were prejudiced. The decision to suspend was not arbitrary, illegal or an abuse of discretion, and the court dismissed the appeal.
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: J. Schuman, Driver Argued DUI Test Did Not Take Place within Two Hours, 41 Conn. Law Tribune 36, Sep. 7, 2015, at 17.
