Sec. 14-227b. Implied consent to test operator's blood, breath or urine. Testing procedures. License suspension. Hearing.
Sec. 14-227b. Implied consent to test operator's blood, breath or urine. Testing procedures. License suspension. Hearing. (a) Any person who operates a motor
vehicle in this state shall be deemed to have given such person's consent to a chemical
analysis of such person's blood, breath or urine and, if such person is a minor, such
person's parent or parents or guardian shall also be deemed to have given their consent.
(b) If any such person, having been placed under arrest for operating a motor vehicle
while under the influence of intoxicating liquor or any drug or both, and thereafter, after
being apprised of such person's constitutional rights, having been requested to submit
to a blood, breath or urine test at the option of the police officer, having been afforded
a reasonable opportunity to telephone an attorney prior to the performance of such test
and having been informed that such person's license or nonresident operating privilege
may be suspended in accordance with the provisions of this section if such person refuses
to submit to such test or if such person submits to such test and the results of such test
indicate that such person has an elevated blood alcohol content, and that evidence of
any such refusal shall be admissible in accordance with subsection (e) of section 14-227a and may be used against such person in any criminal prosecution, refuses to submit
to the designated test, the test shall not be given; provided, 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 shall make a notation upon the records of
the police department that such officer informed the person that such person's license
or nonresident operating privilege may be suspended if such person refused to submit
to such test or if such person submitted to such test and the results of such test indicated
that such person had an elevated blood alcohol content.
(c) If the person arrested refuses to submit to such test or analysis or submits to
such test or analysis, commenced within two hours of the time of operation, and the
results of such test or analysis indicate that such person has an elevated blood alcohol
content, the police officer, acting on behalf of the Commissioner of Motor Vehicles,
shall immediately revoke and take possession of the motor vehicle operator's license
or, if such person is a nonresident, suspend the nonresident operating privilege of such
person, for a twenty-four-hour period. The police officer shall prepare a written report
of the incident and shall mail the report and a copy of the results of any chemical test
or analysis to the Department of Motor Vehicles within three business days. The report
shall be made on a form approved by the Commissioner of Motor Vehicles and shall
be subscribed and sworn to under penalty of false statement as provided in section 53a-157b by the arresting officer. If the person arrested refused to submit to such test or
analysis, the report shall be endorsed by a third person who witnessed such refusal. The
report shall set forth the grounds for the officer's belief that there was probable cause to
arrest such person for operating a motor vehicle while under the influence of intoxicating
liquor or any drug or both and shall state that such person had refused to submit to such
test or analysis when requested by such police officer to do so or that such person
submitted to such test or analysis, commenced within two hours of the time of operation,
and the results of such test or analysis indicated that such person had an elevated blood
alcohol content.
(d) If the person arrested submits to a blood or urine test at the request of the police
officer, and the specimen requires laboratory analysis in order to obtain the test results,
the police officer shall not take possession of the motor vehicle operator's license of
such person or, except as provided in this subsection, follow the procedures subsequent
to taking possession of the operator's license as set forth in subsection (c) of this section.
If the test results indicate that such person has an elevated blood alcohol content, the
police officer, immediately upon receipt of the test results, shall notify the Commissioner
of Motor Vehicles and submit to the commissioner the written report required pursuant
to subsection (c) of this section.
(e) (1) Except as provided in subdivision (2) of this subsection, upon receipt of such
report, the Commissioner of Motor Vehicles may suspend any license or nonresident
operating privilege of such person effective as of a date certain, which date shall be not
later than thirty days after the date such person received notice of such person's arrest by
the police officer. Any person whose license or operating privilege has been suspended in
accordance with this subdivision shall automatically be entitled to a hearing before the
commissioner to be held prior to the effective date of the suspension. The commissioner
shall send a suspension notice to such person informing such person that such person's
operator's license or nonresident operating privilege is suspended as of a date certain
and that such person is entitled to a hearing prior to the effective date of the suspension
and may schedule such hearing by contacting the Department of Motor Vehicles not
later than seven days after the date of mailing of such suspension notice.
(2) If the person arrested (A) is involved in an accident resulting in a fatality, or (B)
has previously had such person's operator's license or nonresident operating privilege
suspended under the provisions of section 14-227a during the ten-year period preceding
the present arrest, upon receipt of such report, the Commissioner of Motor Vehicles
may suspend any license or nonresident operating privilege of such person effective as
of the date specified in a notice of such suspension to such person. Any person whose
license or operating privilege has been suspended in accordance with this subdivision
shall automatically be entitled to a hearing before the commissioner. The commissioner
shall send a suspension notice to such person informing such person that such person's
operator's license or nonresident operating privilege is suspended as of the date specified
in such suspension notice, and that such person is entitled to a hearing and may schedule
such hearing by contacting the Department of Motor Vehicles not later than seven days
after the date of mailing of such suspension notice. Any suspension issued under this
subdivision shall remain in effect until such suspension is affirmed or such license or
operating privilege is reinstated in accordance with subsections (f) and (h) of this section.
(f) If such person does not contact the department to schedule a hearing, the commissioner shall affirm the suspension contained in the suspension notice for the appropriate
period specified in subsection (i) or (j) of this section.
(g) If such person contacts the department to schedule a hearing, the department
shall assign a date, time and place for the hearing, which date shall be prior to the
effective date of the suspension, except that, with respect to a person whose license
or nonresident operating privilege is suspended in accordance with subdivision (2) of
subsection (e) of this section, such hearing shall be scheduled not later than thirty days
after such person contacts the department. At the request of such person or the hearing
officer and upon a showing of good cause, the commissioner may grant one continuance
for a period not to exceed fifteen days. The hearing shall be limited to a determination
of the following issues: (1) Did the police officer have probable cause to arrest the person
for operating a motor vehicle while under the influence of intoxicating liquor or any
drug or both; (2) was such person placed under arrest; (3) did such person refuse to
submit to such test or analysis or did such person submit to such test or analysis, commenced within two hours of the time of operation, and the results of such test or analysis
indicated that such person had an elevated blood alcohol content; and (4) was such
person operating the motor vehicle. In the hearing, the results of the test or analysis shall
be sufficient to indicate the ratio of alcohol in the blood of such person at the time of
operation, except that if the results of the additional test indicate that the ratio of alcohol
in the blood of such person is twelve-hundredths 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 analysis thereof accurately indicate the blood alcohol content at the time of operation. The fees of any witness summoned to appear at the
hearing shall be the same as provided by the general statutes for witnesses in criminal
cases.
(h) If, after such hearing, the commissioner finds on any one of the said issues in
the negative, the commissioner shall reinstate such license or operating privilege. If,
after such hearing, the commissioner does not find on any one of the said issues in the
negative or if such person fails to appear at such hearing, the commissioner shall affirm
the suspension contained in the suspension notice for the appropriate period specified
in subsection (i) or (j) of this section. The commissioner shall render a decision at the
conclusion of such hearing or send a notice of the decision by bulk certified mail to
such person not later than thirty days or, if a continuance is granted, not later than forty-five days from the date such person received notice of such person's arrest by the police
officer. The notice of such decision sent by certified mail to the address of such person
as shown by the records of the commissioner shall be sufficient notice to such person
that such person's operator's license or nonresident operating privilege is reinstated or
suspended, as the case may be. Unless a continuance of the hearing is granted pursuant
to subsection (g) of this section, if the commissioner fails to render a decision within
thirty days from the date such person received notice of such person's arrest by the police
officer, the commissioner shall reinstate such person's operator's license or nonresident
operating privilege, provided notwithstanding such reinstatement the commissioner
may render a decision not later than two days thereafter suspending such operator's
license or nonresident operating privilege.
(i) Except as provided in subsection (j) of this section, the commissioner shall suspend the operator's license or nonresident operating privilege of a person who did not
contact the department to schedule a hearing, who failed to appear at a hearing or against
whom, after a hearing, the commissioner held pursuant to subsection (h) of this section,
as of the effective date contained in the suspension notice or the date the commissioner
renders a decision, whichever is later, for a period of: (1) (A) Except as provided in
subparagraph (B) of this subdivision, ninety days, if such person submitted to a test or
analysis and the results of such test or analysis indicated that such person had an elevated
blood alcohol content, (B) one hundred twenty days, if such person submitted to a test
or analysis and the results of such test or analysis indicated that the ratio of alcohol in
the blood of such person was sixteen-hundredths of one per cent or more of alcohol, by
weight, or (C) six months if such person refused to submit to such test or analysis,
(2) if such person has previously had such person's operator's license or nonresident
operating privilege suspended under this section, (A) except as provided in subparagraph
(B) of this subdivision, nine months if such person submitted to a test or analysis and
the results of such test or analysis indicated that such person had an elevated blood
alcohol content, (B) ten months if such person submitted to a test or analysis and the
results of such test or analysis indicated that the ratio of alcohol in the blood of such
person was sixteen-hundredths of one per cent or more of alcohol, by weight, and (C)
one year if such person refused to submit to such test or analysis, and (3) if such person
has two or more times previously had such person's operator's license or nonresident
operating privilege suspended under this section, (A) except as provided in subparagraph
(B) of this subdivision, two years if such person submitted to a test or analysis and the
results of such test or analysis indicated that such person had an elevated blood alcohol
content, (B) two and one-half years if such person submitted to a test or analysis and
the results of such test or analysis indicated that the ratio of alcohol in the blood of such
person was sixteen-hundredths of one per cent or more of alcohol, by weight, and (C)
three years if such person refused to submit to such test or analysis.
(j) The commissioner shall suspend the operator's license or nonresident operating
privilege of a person under twenty-one years of age who did not contact the department
to schedule a hearing, who failed to appear at a hearing or against whom, after a hearing
the commissioner held pursuant to subsection (h) of this section, as of the effective date
contained in the suspension notice or the date the commissioner renders a decision
whichever is later, for twice the appropriate period of time specified in subsection (i)
of this section, except that, in the case of a person who is sixteen or seventeen years of
age at the time of the alleged offense, the period of suspension for a first offense shall
be one year if such person submitted to a test or analysis and the results of such test or
analysis indicated that such person had an elevated blood alcohol content or eighteen
months if such person refused to submit to such test or analysis.
(k) Notwithstanding the provisions of subsections (b) to (j), inclusive, of this section, any police officer who obtains the results of a chemical analysis of a blood sample
taken from an operator of a motor vehicle involved in an accident who suffered or
allegedly suffered physical injury in such accident shall notify the Commissioner of
Motor Vehicles and submit to the commissioner a written report if such results indicate
that such person had an elevated blood alcohol content, and if such person was arrested
for violation of section 14-227a in connection with such accident. The report shall be
made on a form approved by the commissioner containing such information as the
commissioner prescribes, and shall be subscribed and sworn to under penalty of false
statement, as provided in section 53a-157b, by the police officer. The commissioner
may, after notice and an opportunity for hearing, which shall be conducted in accordance
with chapter 54, suspend the motor vehicle operator's license or nonresident operating
privilege of such person for the appropriate period specified in subsection (i) or (j) of
this section. Each hearing conducted under this subsection shall be limited to a determination of the following issues: (1) Whether the police officer had probable cause to
arrest the person for operating a motor vehicle while under the influence of intoxicating
liquor or drug or both; (2) whether such person was placed under arrest; (3) whether
such person was operating the motor vehicle; (4) whether the results of the analysis of
the blood of such person indicate that such person had an elevated blood alcohol content;
and (5) whether the blood sample was obtained in accordance with conditions for admissibility and competence as evidence as set forth in subsection (j) of section 14-227a. If,
after such hearing, the commissioner finds on any one of the said issues in the negative,
the commissioner shall not impose a suspension. The fees of any witness summoned to
appear at the hearing shall be the same as provided by the general statutes for witnesses
in criminal cases, as provided in section 52-260.
(l) The provisions of this section shall apply with the same effect to the refusal by
any person to submit to an additional chemical test as provided in subdivision (5) of
subsection (b) of section 14-227a.
(m) The provisions of this section shall not apply to any person whose physical
condition is such that, according to competent medical advice, such test would be inadvisable.
(n) The state shall pay the reasonable charges of any physician who, at the request
of a municipal police department, takes a blood sample for purposes of a test under the
provisions of this section.
(o) For the purposes of this section, "elevated blood alcohol content" means (1) a
ratio of alcohol in the blood of such person that is eight-hundredths of one per cent or
more of alcohol, by weight, or (2) if such person is under twenty-one years of age, a
ratio of alcohol in the blood of such person that is two-hundredths of one per cent or
more of alcohol, by weight.
(p) The Commissioner of Motor Vehicles shall adopt regulations, in accordance
with chapter 54, to implement the provisions of this section.
(1963, P.A. 616, S. 2; February, 1965, P.A. 190; 1967, P.A. 656, S. 9; 721; P.A. 75-205; P.A. 80-438, S. 4; P.A. 81-446, S. 3; P.A. 82-403, S. 4; 82-408, S. 4; P.A. 83-534, S. 2; P.A. 85-596, S. 2; P.A. 89-314, S. 1, 5; P.A. 90-263, S. 73,
74; P.A. 93-371, S. 1, 5; P.A. 94-189, S. 14; P.A. 95-279, S. 1, 2; P.A. 98-182, S. 20, 22; P.A. 99-255, S. 2; P.A. 02-70,
S. 72; May 9 Sp. Sess. P.A. 02-1, S. 109; P.A. 03-278, S. 48, 49; P.A. 04-250, S. 1; P.A. 05-215, S. 6; Jan. Sp. Sess. P.A.
08-1, S. 34; P.A. 08-32, S. 1.)
History: 1965 act added provision re implied consent of parents or guardian of minor; 1967 acts required state to pay
charges of physician who takes blood sample at police department's request, required arrested person to be informed of
constitutional rights, required that three conditions be met for suspension or revocation of license rather than that single
condition, i.e. that person was operating vehicle, be met and made provisions inapplicable if charge nolled or changed;
P.A. 75-205 included reference to urine tests and to operation of vehicle under influence of drug or both drug and alcohol;
P.A. 80-438 specified that judge rather than court or jury is responsible for making finding and added provision re finding
in case where charge nolled or changed, allowed suspension or revocation for maximum of 6 months rather than upon
terms and conditions of commissioner and deleted previous provision excluding nolled or changed charge; P.A. 81-446
added the provisions that the license of any person who refuses to submit to test shall be automatically suspended for 90
days, that police officer shall file a written report of such refusal, and that any person whose operating privilege has been
suspended in accordance with this section shall be entitled to an immediate hearing before the commissioner; P.A. 82-403
amended Subsec. (b) by replacing the provision that a license will be suspended "for a period of ninety days" with "in
accordance with the provisions of subsections (d) and (e) of this section", amended Subsec. (c) by adding "resulting in
erratic driving, a motor vehicle violation or a motor vehicle accident", amended Subsec. (d) by specifying its provisions
concerned "a first" refusal, made Subsec. (e) a part of Subsec. (d) and added a new Subsec. (e) concerning the hearing
procedure for license suspension upon a second or subsequent refusal and the period of such suspension; P.A. 82-408
added provisions re revocation of license for 24-hour period; P.A. 83-534 amended the section to make it applicable to a
person arrested for operating a motor vehicle "while his ability to operate such motor vehicle is impaired by the consumption
of intoxicating liquor", amended Subsec. (b) to authorize the police officer to designate which test the arrested person shall
take, to provide that if the person refuses or is unable to submit to a blood test the police officer shall designate the breath
or urine test, to require the police officer to inform the person that evidence of refusal to submit to a test will be admissible
and may be used against him in a criminal prosecution and to require the police officer to make a record that he informed
the person that refusal to take the test would cause suspension of his driver's license, amended Subsec. (d) to increase from
90 days to 6 months the period of license suspension upon a first refusal, and amended Subsec. (f) to change its applicability
from a person who refuses to take a test for the "second or subsequent" time to a person whose license has previously been
suspended for a refusal, who has previously been found guilty of operating under the influence or who has previously
participated in the pretrial alcohol education system; P.A. 85-596 amended Subsec. (b) to add requirement of affording
an operator a reasonable opportunity to telephone an attorney prior to the performance of the test and inserted a new Subsec.
(g) re the applicability of the provisions of the section to a refusal to submit to an additional test and relettered the remaining
Subsecs. accordingly; P.A. 89-314 extensively revised section by making the provisions applicable to any person who is
arrested for manslaughter in the second degree with a motor vehicle or assault in the second degree with a motor vehicle
and to any person who submits to a test or analysis where the results of such test or analysis indicate that at the time of the
alleged offense the ratio of alcohol in the blood of such person was 0.10% or more of alcohol, by weight, by amending
Subsec. (c) to require the arresting police officer "acting on behalf of the commissioner of motor vehicles" to "take
possession" of the license or "suspend" the nonresident operating privilege for 24 hours, issue a temporary operator's
license or nonresident operating privilege valid for the period commencing 24 hours after issuance and ending 35 days
after the date such person received notice of his arrest, prepare a report of the incident and mail the report together with a
copy of the completed temporary license form, any operator's license and a copy of the results of any chemical test or
analysis to the department of motor vehicles within 3 business days, and require that the report be made by the police
officer before whom such refusal was made "or who administered or caused to be administered such test or analysis", by
amending Subsec. (d) to replace provisions requiring the commissioner upon receipt of a report of a first refusal to suspend
a license for 6 months with provisions requiring the commissioner upon receipt of a report to suspend the license "effective
as of a date certain, which date shall be not later than thirty-five days after the date such person received notice of his arrest
by the police officer" and to add provisions requiring the commissioner to send the person a suspension notice and specifying
the contents of such notice, by deleting Subsec. (e) re police procedure when a license is revoked for 24 hours, by deleting
Subsec. (f) re the scheduling of a hearing, the issues at the hearing and the suspension for one year for a refusal and three
years for a subsequent refusal of the license or privilege of a person whose license or privilege had previously been
suspended for a refusal, who had previously been found guilty of operating while under the influence or who had previously
participated in the pretrial alcohol education system, by adding a new Subsec. (e) to require the commissioner to affirm
the suspension if the person does not schedule a hearing, by adding a new Subsec. (f) re the scheduling and holding of the
hearing, the granting of a continuance, the extension of the validity of the temporary license and the issues to be determined
at the hearing, formerly part of Subsec. (d), by designating the last sentence of Subsec. (d) as Subsec. (g) and adding
provisions re affirmation of the suspension contained in the suspension notice if the commissioner does not find on any
one of the said issues in the negative or if the person fails to appear at the hearing, time periods for rendering a decision
and sending notice of such decision, and the reinstatement of the license if the commissioner fails to timely render a
decision, by adding a new Subsec. (h) re the suspension by the commissioner of the license or privilege, the revocation by
the commissioner of the temporary license or privilege, and the periods of license suspension, by redesignating Subsecs.
(g), (h) and (i) as Subsecs. (i), (j) and (k), respectively, and by adding Subsec. (l) re regulations; P.A. 90-263 amended
Subsec. (f) to require that fees of witnesses summoned to appear at the hearing be the same as provided by the general
statutes for witnesses in criminal cases; P.A. 93-371 eliminated the requirement that the test results indicate an elevated
blood alcohol ratio "at the time of the alleged offense" by deleting that phrase where appearing, amended Subsec. (c) to
require the test or analysis be commenced within two hours of the time of operation and require the report to be "subscribed"
and sworn to under penalty of false statement by "the arresting officer" rather than by "the police officer before whom
such refusal was made or who administered or caused to be administered such test or analysis", amended Subsec. (f) to
authorize the granting of a continuance "at the request of such person or the hearing officer", provide in Subdiv. (3) that
part of the issue to be determined is whether the test or analysis was commenced within two hours of the time of operation
and added provision requiring evidence be presented that the test results and analysis thereof indicate the blood alcohol
content at the time of operation when the additional test indicates the blood alcohol ratio is 0.12% or less and is higher
than the results of the first test and amended Subsec. (g) to authorize the commissioner to send a notice of his decision by
"bulk" certified mail and replace "Unless a continuance is granted to such person" with "Unless a continuance of the
hearing is granted", effective July 1, 1993 (Revisor's note: Towards the end of Subsec. (f) the phrase "twelve-hundredths
of one per cent or less or alcohol, by weight," was changed editorially by the Revisors to "twelve-hundredths of one per
cent or less of alcohol, by weight," for consistency); P.A. 94-189 amended Subsec. (c) by decreasing the time period during
which a temporary license or nonresident operating privilege is valid from 35 to 30 days after the date of receipt of notice
of arrest, amended Subsec. (d) by changing the effective date of suspension from not later than 35 days to not later than
30 days after the date of receipt of notice of arrest, amended Subsec. (f) by increasing the continuance period from "not
to exceed ten days" to "not to exceed fifteen days", amended Subsec. (g) by decreasing the time period for rendering a
decision or sending a notice of decision from 35 to 30 days and amended Subdiv. (1) of Subsec. (h) by deleting "at the
time of the alleged offense" before "the ratio of alcohol in the blood"; P.A. 95-279 amended Subsecs. (b), (c) and (f) to
delete reference to manslaughter in the second degree with a motor vehicle or assault in the second degree with a motor
vehicle, and amended Subsecs. (b) and (d) to make suspension of license discretionary rather than mandatory for refusal
to submit to test or for submission to test and results indicating that ratio of alcohol in the blood of such operator was
0.10% or more of alcohol, by weight, or, in the case of Subsec. (d) upon receipt of report by commissioner, effective July
6, 1995; P.A. 98-182 added a new Subsec. (d) re procedures for a police officer to take possession of a motor vehicle
operator's license and added a new Subsec. (j) re submission of a chemical analysis of a blood sample of a motor vehicle
operator and report to the commissioner, and hearing procedures re license suspension, effective January 1, 1999; P.A.
99-255 made provisions applicable when a person has "an elevated blood alcohol content" rather than when "the ratio of
alcohol in the blood of such person was 0.10% or more of alcohol, by weight", added Subsec. (i)(1)(B) to provide for a
suspension period of 120 days, "if such person submitted to a test or analysis and the results of such test or analysis indicated
that the ratio of alcohol in the blood of such person was 0.16% or more of alcohol, by weight" , redesignating former
Subpara. (B) as Subpara. (C), to revised Subsec. (i)(2) by replacing provision that specified a uniform suspension period
of one year with provisions of Subparas. (A), (B) and (C) specifying a suspension period of 9 months if the person submitted
to a test or analysis and had an elevated blood alcohol content, 10 months if the person submitted to a test or analysis and
had a blood alcohol ratio of 0.16% or more of alcohol, by weight, and one year if the person refused to submit to a test or
analysis, respectively, and revised Subsec. (i)(3) by replacing provision that specified a uniform suspension period of two
years with provisions of Subparas. (A), (B) and (C) specifying a suspension period of two years if the person submitted
to a test or analysis and had an elevated blood alcohol content, two and one-half years if the person submitted to a test or
analysis and had a blood alcohol ratio of 0.16% or more of alcohol, by weight, and three years if the person refused to
submit to a test or analysis, respectively, added new Subsec. (n) defining "elevated blood alcohol content", redesignating
former Subsec. (n) as Subsec. (o), and made technical changes for purposes of gender neutrality; P.A. 02-70 amended
Subsec. (c) to eliminate requirement that police officer issue a temporary operator's license or nonresident operating
privilege and to eliminate requirement that police officer mail to Department of Motor Vehicles a copy of completed
temporary license form and any operator's license taken into possession, effective July 1, 2002; May 9 Sp. Sess. P.A. 02-1 amended Subsecs. (b), (c), (g), and (j) to eliminate references to operating a motor vehicle while the person's ability is
impaired by the consumption of intoxicating liquor, amended Subsec. (n) to reduce ratio of alcohol in blood from 0.10%
to 0.08% or more of alcohol in definition of "elevated blood alcohol content", eliminate from such definition former Subdiv.
(2) providing "if such person has been convicted of a violation of subsection (a) of section 14-227a, a ratio of alcohol in
the blood of such person that is 0.07% or more of alcohol, by weight" and redesignate existing Subdiv. (3) as Subdiv. (2),
and made technical changes in Subsecs. (b), (j) and (k), effective July 1, 2002; P.A. 03-278 made technical changes in
Subsecs. (g) and (i), effective July 9, 2003; P.A. 04-250 amended Subsec. (e) by designating existing provisions as Subdiv.
(1), making conforming changes therein, and adding Subdiv. (2) to permit commissioner to suspend license or operating
privilege, upon notice and prior to hearing, of person arrested for operating motor vehicle under influence of alcohol or
drugs if person involved in accident resulting in fatality or previously arrested under Sec. 14-227a during preceding 10-year period, amended Subsec. (g) to require hearing re license or operating privilege suspension not later than 30 days
after person contacts department and made technical changes in Subsec. (o); P.A. 05-215 amended Subsecs. (f) and (h) re
suspension period to add reference to Subsec. (j), amended Subsec. (i) to add exception for suspensions under Subsec. (j),
added new Subsec. (j) re increased suspension period for a person under 21 years of age, redesignated existing Subsecs.
(j) to (o) as Subsecs. (l) to (p), and amended Subsec. (k) to replace "subsections (b) to (i), inclusive" with "subsections (b)
to (j), inclusive", effective January 1, 2006; Jan. Sp. Sess. P.A. 08-1 amended Subsec. (k) to replace authorized suspension
of "a period of up to ninety days, or, if such person has previously had such person's operator's license or nonresident
operating privilege suspended under this section for a period of up to one year" with "the appropriate period specified in
subsection (i) or (j) of this section", effective January 25, 2008; P.A. 08-32 amended Subsec. (j) to add exception to period
of suspension for first offense of persons 16 or 17 years of age, of 1 year for elevated blood alcohol content or 18 months
for refusal to submit to test, effective August 1, 2008.
Cited. 200 C. 1; Id., 615. Cited. 203 C. 97. Cited. 204 C. 507; Id., 521. Cited. 210 C. 446. Cited. 224 C. 730. Cited.
229 C. 31; Id., 51. Cited. 230 C. 183. Cited. 235 C. 614. Question of whether police have a reasonable and articulable
suspicion to justify investigative stop is outside scope of the four issues to be considered at a license suspension hearing
conducted pursuant to the statute. 252 C. 38. Defendant's being found intoxicated and asleep with key inserted in the
ignition in the on position is sufficient evidence of operation of a motor vehicle. 281 C. 604.
Cited. 12 CA 427. Cited. 14 CA 212. Cited. 22 CA 142. Cited. 26 CA 101; Id., 805. Cited. 27 CA 346. Cited. 28 CA
733; Id., 911. Cited. 29 CA 576. Cited. 30 CA 108. Cited. 31 CA 797. Cited. 33 CA 501. Cited. 34 CA 189; Id., 201; Id.,
557; Id., 655. Cited. 36 CA 710. Cited. 43 CA 636. Cited. 44 CA 702. Cited. 45 CA 225; Id., 577. Finding that plaintiff
refused to submit to breath analysis valid where plaintiff had provided sufficient breath for previous test and was warned
his failure to blow would constitute a refusal. 47 CA 509. Without legislative action to enlarge the scope of a license
suspension hearing beyond the four issues specified in Subsec. (f), noncompliance with Subsec. (b) is irrelevant in such
a proceeding. Id., 839. Court rejected defendant's claim that the statute is void for vagueness because an ordinary person
has no ascertainable method for measuring his or her own blood alcohol level. 48 CA 635. Where arrested person refuses
to take breath test, statute requires presence of three persons: the arresting officer, person charged and a third party witness
who may or may not be the same person who took the arresting officer's oath. 54 CA 62. Analysis provided for under this
section assumes a test for which results are obtained. 60 CA 455. Plaintiff was not operating motor vehicle within section's
meaning because, at the time the officer approached, plaintiff was not doing any act, manipulating any machinery or making
use of any mechanical or electrical agency that alone or in sequence would set in motion the vehicle's motive power. 92
CA 365.
Prior to this act, refusal of accused, while in custody, to submit samples of body fluids, unaccompanied by words or
acts in the nature of admissions by conduct, was held inadmissible. 22 CS 321. Where sample of blood was taken from
defendant when he was unconscious in a hospital and could not give his consent, such taking was in violation of his
constitutional rights and was not authorized by this section. 26 CS 41. Cited. 37 CS 767. Cited. 38 CS 675; Id., 689. Cited.
39 CS 285. Cited. 40 CS 505. At time of arrest, statute did not afford a statutory right to consult with counsel. Id., 512.
Cited. 41 CS 437. Cited. 42 CS 1; Id., 306; Id., 599; Id., 602. In hearing on motor vehicle license suspension, failure of
police to indicate on form use of certified analytical device not required by statute. 45 CS 489.
Cited. 3 Conn. Cir. Ct. 46; Id., 347. Competent evidence of any nature, in addition to a breath or blood test, may be
relied on to prove insobriety. Id., 478, 479. Finding of operation must be made by the trier of the facts. 4 Conn. Cir. Ct.
34, 46. State not empowered to request finding of operation after jury has been discharged and verdict has been accepted.
Id. Circuit court's finding that defendant was operator of motor vehicle is a final judgment for purposes of section 51-265.
Id. Applies only to cases involved with driving under the influence of alcohol and not drugs. Any test for drugs has no
need for compliance with the relationship of time and arrest. 6 Conn. Cir. Ct. 303.
Subsec. (b):
Cited. 12 CA 338. Cited. 17 CA 250. Cited. 28 CA 708. Cited. 30 CA 36. Cited. 41 CA 7. Driver did not have fifth
amendment right to consult with counsel before deciding whether to take breath test and failure of statute to require police
officer to inform driver that his Miranda rights did not extend to taking a breath test did not deprive him of due process
under fourteenth amendment. 53 CA 391.
Failure to warn completely as required by statute renders suspension of license contrary to law. 40 CS 505. Reference
to actual suspension period not required in warning to be given to operator. Id., 512.
Subsec. (c):
Written report required by this section may be admissible at administrative suspension hearing even if officer originating
report was not currently certified to administer breath analysis tests. 229 C. 31.
Cited. 31 CA 350. Report of refusal to take breath test properly admitted into evidence in administrative proceeding
where plaintiff, arresting officer and testing officer were present during testing and arresting officer swore to report form
in capacity as arresting officer and as witness to the refusal. 61 CA 213. Court properly determined there was substantial
evidence to support commissioner's finding of refusal by conduct where plaintiff failed to comply with officer's repeated
instructions as to how test should be performed, improperly blew into intoxilyzer and subsequently refused to blow into
intoxilyzer again. Id. Refusal to take breath test can occur through conduct as well as expressed refusal. 70 CA 76. Watching
refusal to submit to test via closed circuit television does not constitute "witnessing such refusal". 101 CA 674.
Subsec. (d):
Before suspending a license, commissioner is not required to find that subject understood consequences of refusal to
submit to chemical testing. 200 C. 1. License suspension hearing must be limited to the four issues set forth. 204 C. 507.
Scope of administrative hearing clearly limited. Id., 521.
Cited. 9 CA 686. Cited. 15 CA 58. Cited. 29 CA 582. Cited. 30 CA 36.
Subsec. (e):
Cited. 15 CA 58.
Subsec. (f):
Cited. 9 CA 686. Cited. 15 CA 58. Cited. 29 CA 582. Subdiv. (3) cited. 30 CA 36. Cited. 31 CA 350. Legislature created
a "rebuttable presumption" that test results can be used in place of direct evidence. 48 CA 391. Re probable cause for
traffic stop, an investigatory stop is authorized if the police officer had a reasonable and articulable suspicion that the
person has committed or is about to commit a crime. 49 CA 481.
Subsec. (g):
Cited. 31 CA 350. Probable cause not needed to make a lawful stop of a motor vehicle; investigative stops discussed.
47 CA 111. Trial court's findings relative to administrative hearing issues reviewed and affirmed. Id., 451.
Subsec. (h):
Subdiv. (1)(B) cited. 30 CA 36. Administrative suspension of driver's license by Department of Motor Vehicles and
prosecution by the court of underlying offense of driving while intoxicated does not violate separation of powers provision
of state constitution. 51 CA 4. Delivery by bulk certified mail of commissioner's decisions is sufficient notice. 62 CA 796.
Subsec. (j):
Re plaintiff's claim that hearing officer should only have considered plaintiff's medical report re inadvisability to take
Breathalyzer test, hearing officer's consideration of other evidence was proper in this case. 62 CA 604.