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2005 Statutory Changes

Changes to C.G.S § 14-227a

2005 PA 05-218 §28 effective October 1, 2005 changes §14-227a (i) and would not allow someone to operate a passenger motor vehicle (adjective is new) with interlock ignition device unless certain requirements were met (and never came into effect)

-Initially this meant that no one would be allowed to use the ignition interlock device exception unless they are enrolled or get a waiver saying that they don’t have to participate in a treatment program, and gave the commissioner a lot of discretion as far as requiring an ignition interlock device for someone that has a condition that makes them incapable of operating a car safely (i.e. alcoholism ) and requiring them to use it as long as the commissioner wants. However, this act in turn was repealed by:

June Special Session, Public Act No. 05-3 §111:

Sec. 111. Subdivision (1) of subsection (i) of section 14-227a of the general statutes, as amended by section 28 of public act 05-218, is repealed and the following is substituted in lieu thereof (Effective October 1, 2005):

The Commissioner of Motor Vehicles shall permit a person whose license has been suspended in accordance with the provisions of subparagraph (C)(ii) of subdivision (2) of subsection (g) of this section to operate a [passenger] motor vehicle if (A) such person has served not less than one year of such suspension, and (B) such person has installed an approved ignition interlock device in each motor vehicle owned or to be operated by such person. No person whose license is suspended by the commissioner for any other reason shall be eligible to operate a motor vehicle equipped with an approved ignition interlock device.
So the legislature took away the special requirements regarding treatment programs and the commissioner’s discretion regarding requiring the ignition interlock device and merely emphasized that this applies only to passenger vehicles

Changes to C.G.S. § 14-227b

2005 PA 05-215 §6 effective January 1, 2006 added section 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.
This section effectively makes the penalty (license suspension) much stiffer (twice as long) for a person under 21 who essentially fails to appear or schedule a suspension hearing. But as it added a section, all of the subsequent section letters are moved forward one letter:

(k) Notwithstanding the provisions of subsections (b) to [(i)] (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 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. 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.
Changes to C.G.S. §14-227j(a)

2005 PA 05-218 § 19 effective October 1, 2005
Only passenger vehicles can use the ignition interlocking device.

Changes to Conn. Gen. Stat. § 14-111

2005 PA 05-215 §1 effective October 1, 2005 added a new section:

Section 1. (NEW) (Effective October 1, 2005) Any person whose motor vehicle operator's license has been suspended who operates a motor vehicle after the expiration of such period of suspension without obtaining the reinstatement of such license shall (1) during the first sixty days after such expiration, be deemed to have failed to renew such license and be subject to the penalty for failure to renew a motor vehicle operator's license under subsection (c) of section 14-41 of the general statutes, and (2) after said sixty-day period, be subject to the penalty for operating a motor vehicle without a license under section 14-36 of the general statutes, as amended by this act. Any operator so charged shall not be prosecuted under section 14-215 of the general statutes, as amended by this act, for the same act constituting a violation under this section.

Essentially this means that once the period of license suspension is over for the first 60 days if they drive before renewing their license they will be charged with failure to renew their license and after that period they will be considered to be operating without a license but NOT driving under suspension.

2005 PA 05-215 §2 effective October 1, 2005 changed §14-111(b) and made the penalty for a second violation of §14-215 (driving while license is suspended) a suspension of their license for at least two years whereas before it was a mandatory five years.

Changes to 14-37a (work permit)

2005 PA 05-215 §7 effective October 1, 2005 made §14-37a (b) applicable to those convicted under 14-227a as well as 14-227b and thus means that those who have been convicted under 14-227a and then commit a second violation (which has to have happened after the first conviction) and who are convicted ineligible to receive a special operator’s permit.

Changes to 14-44k (commercial driver’s license)

2005 PA 05-218 §21 effective October 1, 2005 changes §14-44k (c):

In addition to any other penalties provided by law, and except as provided in subsection (d) of this section, a person is disqualified from operating a commercial motor vehicle for one year if the commissioner finds that such person has refused to submit to a test to determine such person's blood alcohol concentration while operating any motor vehicle, or has failed such a test when given, pursuant to the provisions of section 14-227b. For the purpose of this subsection, a person shall be deemed to have failed such a test if, when driving a commercial motor vehicle, the ratio of alcohol in the blood of such person was four-hundredths of one per cent or more of alcohol, by weight, or if, when driving any other motor vehicle, the ratio of alcohol in the blood of such person was eight-hundredths of one per cent or more of alcohol, by weight.
-Thus now a commercial driver’s license will be suspended for a year if they failed or refused a blood test. If they were driving a commercial vehicle they will be deemed to have failed the test if they had .04 BAC or greater, or if not driving a commercial vehicle if they had .08 or greater.

No Changes to Statutes:

14-227e
14-227g
14-141
14-137a
14-227f
53a-56b
53a-60d
54-56g

YOUTHFUL OFFENDER VS. ALCOHOL EDUCATION MEMORANDUM OF LAW

Alcohol Education Program (AEP) Vs. Youthful Offender Program (YO)

On December 17, 2004, A Boy was charged with driving under the influence of alcohol in violation of Conn. Gen. Stat. § 14-227a. At the time of his arrest, The Boy was seventeen years old. The Boy has applied for examination to determine youthful offender status. The State objects on the basis that The Boy must apply to the pretrial alcohol education program and is not eligible for youthful offender status.

Conn. Gen. Stat. § 54-76b defines a “youthful offender” as a person between 16 and 18 who is charged with the commission of a crime which is not a class A felony or a violation of subdivision (2) of section 53-21, section 53a-70, 53a-70b, 53a-71, 53a-72a or 53a-72b; has not previously been convicted of a felony or been previously adjudged a serious juvenile offender or serious juvenile repeat offender, as defined in section 46b-120, or a youthful offender, or been afforded a pretrial program for accelerated rehabilitation under section 54-56e, and is adjudged a youthful offender pursuant to the provisions of sections 54-76b to 54-76n.
Although The Boy has been charged with a “crime” – violating Conn. Gen. Stat. § 14-227a, The Boy hasn’t been charged with any of the prohibitory statutes listed in item 1. Thus, The Boy meets the requirements of Item 1.

The Boy has never been adjudged a serious juvenile offender, a youthful offender, or applied for accelerated rehabilitation. The Boy also meets the requirements of item 2.

The court determines item 3, whether youthful offender status is granted. “Upon the termination of such examinations, investigation and questioning, the court, in its discretion based on the severity of the crime, which shall also take into consideration whether or not the defendant took advantage of the victim because of the victim's advanced age or physical incapacity, and the results of the examinations, investigation and questioning, shall determine whether such defendant is eligible to be adjudged a youthful offender.” Conn. Gen. Stat. § 54-76d(b). All of the cases cited under this statute indicate the court determined the applicants’ crimes were too severe. See, e.g., State v. Sher, 188 Conn. 565, 452 A.2d 115 (1982); State v. Bell, 179 Conn. 98, 425 A.2d 574 (1979). Interestingly, there appear to be no cases where the court said the crime wasn’t severe enough to warrant youthful offender status.

Nothing in the youthful offender statutes excludes youths charged with violating Conn. Gen. Stat. § 14-227a from youthful offender status.

Conversely, there is nothing in Conn. Gen. Stat. §54-56g, the pretrial alcohol education system, that states that it is the only alternative remedy for persons between sixteen and eighteen who are charged with violating §14-227a.

Thus, there is nothing in the operative statutes that require an accused to file an application for the pretrial alcohol education program instead of an application for investigation of youthful offender status.

The Connecticut State Legislature enacted into law Public Act 03-154, effective October 1, 2003 which explicitly provides:

The meaning of a statute shall, in the first instance, be ascertained from the text of the statute itself and its relationship to other statutes. If, after examining such text and considering such relationship, the meaning of such text is plain and unambiguous and does not yield absurd or unworkable results, extratextual evidence of the meaning of the statute shall not be considered.

The language of the youthful offender statutes and alcohol pretrial education statutes is clear and unambiguous. The statutes do not explicitly -- or even implicitly -- prohibit youthful offender status for 14-227a violators.

Had the legislature intended to prohibit youthful offender status for 14-227a violations, it easily could have done so. It already lists a number of offenses for which youthful offender status may not be granted. It clearly exempts those who have had the opportunity for accelerated rehabilitation for applying for youthful offender status. The accelerated rehabilitation statute, Conn. Gen. Stat. §54-56g precludes youthful offenders and violators of Conn. Gen. Stat. § 14-227a from the accelerated rehabilitation program. The legislature knows how to exclude certain persons and its failure to exclude youths charged with violating § 14-227a indicates its intention that such youths be afforded the opportunity to apply for youthful offender status.

Although there is no case directly on point, there is one superior court case where it appears the individual may have been granted youthful offender status for a Conn. Gen. Stat. § 14-227a charge. In Smith v. New Milford Hospital, Inc., 2001 WL 950902 (copy attached), in a case alleging invasion of privacy the following facts were alleged: the plaintiff implicitly consented to blood alcohol testing by operating a motor vehicle, the implied consent statute, General Statutes § 14-227b, did not give a hospital the right to disclose confidential information to the police, and therefore confidentiality rights resulting from a youthful offender status have been violated. This strongly suggests that a person between the ages of sixteen and eighteen years of age chose to apply for, and was granted, youthful offender status for a 14-227a charge.

In summary then, the youthful offender statutes are clear on the requirements of who may apply for youthful offender status. The failure to exclude youthful violators of §14-227a indicates legislative intent to include them. The Boy’s application for examination to determine youthful offender status should be granted.

Breathalyzer Calibration

Neither the statutes nor the regulations spell out the calibration parameters. However, each breath analyzer test has a calibration check prior and subsequent to the subject test.
Statute

Pursuant to Conn. Gen. Stat. §14-227a(c), evidence of the amount of alcohol in the defendant’s blood at the time of an alleged offense, as shown by a chemical analysis of the defendant’s breath, is admissible and competent provided, inter alia, “(3) the test was performed by or at the direction of a public officer according to methods and with equipment approved by the Department of Public Safety and was performed in accordance with the regulations adopted under subsection (e) of this section; (4) the device used for such test was checked for accuracy in accordance with the regulations adopted under subsection (e) of this section.”

Subsection (e) of §14-227a requires “The Commissioner of Public Safety, in consultation with the Commissioner of Public Health shall adopt regulations, in accordance with chapter 54, governing the conduct of chemical tests, the operation and use of chemical test devices, the training and certification of operators of such devices and the drawing or obtaining of blood, breath or urine samples as said commissioner finds necessary to protect the health and safety of persons who submit to chemical tests and to insure reasonable accuracy in testing results.”

Regulations

The Commissioner of Public Health has not adopted any regulations relevant to chemical testing of blood alcohol.

The Commissioner of Public Safety has promulgated regulations governing alcohol analysis in Reg. of Conn. State Agencies §14-227a-1a, et seq. The regulations do not stipulate the parameters required for calibration.

The regulations variously state that the device must be capable of providing accurate test results (Reg. Conn. State Agencies §14-227a-8a(a)); that a certified analyst must “check each device or instrument for accuracy immediately before and after each test. A certified operator shall verify the accuracy of a direct breath alcohol analysis device or instrument immediately before and after each test” (§ 14-227a-8a(d)); the operator “shall conduct tests according to methods and with equipment approved by the commissioner and shall verify the accuracy of the device or instrument immediately before and after each test” (§14-227a-10a); the device “shall be capable of accurately analyzing a blank sample and suitable reference samples, such as air equilibrated with reference solutions of known alcohol concentration at known temperature” (§ 14-227a-10a(b)(1)(B)); that manufacturers supplying the devices must provide the commissioner “complete operating instructions, and such other materials or technical assistance as the commissioner requires” (§14-227a-10a(b)(2)A)).

When using the devices operators must “follow the manufacturer's operating instructions for the device or instrument, unless the commissioner has modified such instructions” (§14-227a-10a(c)(2)(A) and “make available for inspection by the commissioner all devices or instruments used by them, together with the current logbook associated with each such device or instrument. Such logbook shall include the identity of each operator using the device or instrument, the frequency with which the device or instrument has been checked for accuracy, and the results of each subject's analysis and calibration.” (§14-227a-10a(c)(2)(B).

It seems then, that what you need is to obtain the operating instructions and log book for the test devices.

Discovery

I’ve prepared a generic criminal discovery motion directed at getting the operating instructions and calibration standards. Because all discovery requests must be made at once (unless good cause is shown), I’ve also included all the information a criminal defendant is entitled to upon written request. This request must be made no later than 10 days after the first pretrial conference. Conn. Prac. Book §41-5.

Sec. 14-227a. Operation while under the influence of liquor or drug, while having an elevated blood alcohol content or while impaired. **Update notice: This section has been amended by P.A. 01-201, P.A. 02-70, P.A. 02-1 May 9 Special Session.

Operation while under the influence or while having an elevated blood alcohol content. 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 operating a motor vehicle while under the influence of intoxicating liquor or any drug or both if such person operates a motor vehicle on a public highway of this state or on any road of a district organized under the provisions of chapter 105, a purpose of which is the construction and maintenance of roads and sidewalks, or on any private road on which a speed limit has been established in accordance with the provisions of section 14-218a, or in any parking area for ten or more cars or on any school property while under the influence of intoxicating liquor or any drug or both or while such person has an elevated blood alcohol content. For the purposes of this section, "elevated blood alcohol content" means a ratio of alcohol in the blood of such person that is ten-hundredths of one per cent or more of alcohol, by weight, or if such person has been convicted of a violation of this subsection, a ratio of alcohol in the blood of such person that is seven-hundredths of one per cent or more of alcohol, by weight. Operation while impaired. No person shall operate a motor vehicle on a public highway of this state or on any road of a district organized under the provisions of chapter 105, a purpose of which is the construction and maintenance of roads and sidewalks, or on any private road on which a speed limit has been established in accordance with the provisions of section 14-218a, or in any parking area for ten or more cars or on any school property while such person's ability to operate such motor vehicle is impaired by the consumption of intoxicating liquor. A person shall be deemed impaired when at the time of the alleged offense the ratio of alcohol in the blood of such person was more than seven-hundredths of one per cent of alcohol, by weight, but less than ten-hundredths of one per cent of alcohol, by weight. Admissibility of chemical analysis. Except as provided in subsection (d) of this section, in any criminal prosecution for violation of subsection (a) or (b) of this section, evidence respecting the amount of alcohol or drug in the defendant's blood or urine at the time of the alleged offense, as shown by a chemical analysis of the defendant's breath, blood or urine shall be admissible and competent provided: The defendant was afforded a reasonable opportunity to telephone an attorney prior to the performance of the test and consented to the taking of the test upon which such analysis is made; a true copy of the report of the test result was mailed to or personally delivered to the defendant within twenty-four hours or by the end of the next regular business day, after such result was known, whichever is later; the test was performed by or at the direction of a police officer according to methods and with equipment approved by the Department of Public Safety and was performed in accordance with the regulations adopted under subsection (e) of this section; the device used for such test was checked for accuracy in accordance with the regulations adopted under subsection (e) of this section; an additional chemical test of the same type was performed at least thirty minutes after the initial test was performed or, if requested by the police officer for reasonable cause, an additional chemical test of a different type was performed to detect the presence of a drug or drugs other than or in addition to alcohol, provided the results of the initial test shall not be inadmissible under this subsection if reasonable efforts were made to have such additional test performed in accordance with the conditions set forth in this subsection and such additional test was not performed or was not performed within a reasonable time, or the results of such additional test are not admissible for failure to meet a condition set forth in this subsection; and evidence is presented that the test was commenced within two hours of operation. In any prosecution under this section it shall be a rebuttable presumption that the results of such chemical analysis establish the ratio of alcohol in the blood of the defendant at the time of the alleged offense, except that if the results of the additional test indicate that the ratio of alcohol in the blood of such defendant 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 the analysis thereof accurately indicate the blood alcohol content at the time of the alleged offense.

Evidence of blood alcohol content. In any prosecution for a violation of subdivision (1) of subsection (a) of this section, reliable evidence respecting the amount of alcohol in the defendant's blood or urine at the time of the alleged offense, as shown by a chemical analysis of the defendant's blood, breath or urine, otherwise admissible under subsection (c) of this section, shall be admissible only at the request of the defendant.

Testing and analysis of blood, breath and urine. The Commissioner of Public Safety shall ascertain the reliability of each method and type of device offered for chemical testing and analysis purposes of blood, of breath and of urine and certify those methods and types which said commissioner finds suitable for use in testing and analysis of blood, breath and urine, respectively, in this state. The Commissioner of Public Safety, in consultation with the Commissioner of Public Health shall adopt regulations, in accordance with chapter 54, governing the conduct of chemical tests, the operation and use of chemical test devices, the training and certification of operators of such devices and the drawing or obtaining of blood, breath or urine samples as said commissioner finds necessary to protect the health and safety of persons who submit to chemical tests and to insure reasonable accuracy in testing results. Such regulations shall not require recertification of a police officer solely because such officer terminates such officer's employment with the law enforcement agency for which certification was originally issued and commences employment with another such agency.

Evidence of refusal to submit to test. In any criminal prosecution for a violation of subsection (a) or (b) of this section, evidence that the defendant refused to submit to a blood, breath or urine test requested in accordance with section 14-227b shall be admissible provided the requirements of subsection (b) of said section have been satisfied. If a case involving a violation of subsection (a) of this section is tried to a jury, the court shall instruct the jury as to any inference that may or may not be drawn from the defendant's refusal to submit to a blood, breath or urine test.

Reduction, nolle or dismissal prohibited. If a person is charged with a violation of the provisions of subsection (a) of this section, the charge may not be reduced, nolled or dismissed unless the prosecuting authority states in open court such prosecutor's reasons for the reduction, nolle or dismissal.

Penalties for operation while under the influence. Any person who violates any provision of subsection (a) of this section shall: For conviction of a first violation,
be fined not less than five hundred dollars nor more than one thousand dollars and be imprisoned not more than six months, forty-eight consecutive hours of which may not be suspended or reduced in any manner or
imprisoned not more than six months, with the execution of such sentence of imprisonment suspended entirely and a period of probation imposed requiring as a condition of such probation that such person perform one hundred hours of community service, as defined in section 14-227e, and have such person's motor vehicle operator's license or nonresident operating privilege suspended for one year; for conviction of a second violation within ten years after a prior conviction for the same offense,
be fined not less than one thousand dollars nor more than four thousand dollars, be imprisoned not more than two years, one hundred twenty consecutive days of which may not be suspended or reduced in any manner, and sentenced to a period of probation requiring as a condition of such probation that such person perform one hundred hours of community service, as defined in section 14-227e, and
have such person's motor vehicle operator's license or nonresident operating privilege suspended for three years or until the date of such person's twenty-first birthday, whichever is longer; and
for conviction of a third and subsequent violation within ten years after a prior conviction for the same offense,
be fined not less than two thousand dollars nor more than eight thousand dollars,
be imprisoned not more than three years, one year of which may not be suspended or reduced in any manner, and sentenced to a period of probation requiring as a condition of such probation that such person perform one hundred hours of community service, as defined in section 14-227e, and
have such person's motor vehicle operator's license or nonresident operating privilege permanently revoked upon such third offense. For purposes of the imposition of penalties for a second or third and subsequent offense pursuant to this subsection, a conviction under the provisions of subsection (a) of section 14-227a in effect on October 1, 1981, or as amended thereafter, a conviction under the provisions of either subdivision (1) or (2) of subsection (a) of this section, a conviction under the provisions of section 53a-56b or 53a-60d or a conviction in any other state of any offense the essential elements of which are determined by the court to be substantially the same as subdivision (1) or (2) of subsection (a) of this section or section 53a-56b or 53a-60d, shall constitute a prior conviction for the same offense.
Penalty for operation while impaired. Any person who violates subsection (b) of this section shall be fined not more than two hundred dollars.
Suspension of operator's license or nonresident operating privilege.
Each court shall report each conviction under subsection (a) of this section to the Commissioner of Motor Vehicles, in accordance with the provisions of section 14-141. The commissioner shall suspend the motor vehicle operator's license or nonresident operating privilege of the person reported as convicted for the period of time required by subsection (h) of this section.
The motor vehicle operator's license or nonresident operating privilege of a person found guilty under subsection (a) of this section who is under eighteen years of age shall be suspended by the commissioner for the period of time set forth in subsection (h) of this section, or until such person attains the age of eighteen years, whichever period is longer.
The motor vehicle operator's license or nonresident operating privilege of a person found guilty under subsection (a) of this section who, at the time of the offense, was operating a motor vehicle in accordance with a special operator's permit issued pursuant to section 14-37a shall be suspended by the commissioner for twice the period of time set forth in subsection (h) of this section.
Whenever the motor vehicle operator's license of a person is suspended under subsection (h) of this section for conviction of a violation of subsection (a) of this section, the operator's license that is returned or reissued to such person by the Commissioner of Motor Vehicles upon completion of the period of suspension shall indicate on its reverse side that such person is an at-risk operator. For purposes of this subdivision, an "at-risk operator" is a person who has been convicted of a violation of subsection (a) of this section.
If an appeal of any conviction under subsection (a) of this section is taken, the suspension of the motor vehicle operator's license or nonresident operating privilege by the commissioner, in accordance with this subsection, shall be stayed during the pendency of such appeal.
Participation in alcohol education and treatment program. In addition to any fine or sentence imposed pursuant to the provisions of subsection (h) of this section, the court may order such person to participate in an alcohol education and treatment program.
Seizure and admissibility of medical records of injured operator. Notwithstanding the provisions of subsection (c) of this section, 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 or a urine sample provided by such 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 by warrant of such person for a violation of subsection (a) of this section and shall be admissible and competent in any subsequent prosecution thereof if:
The blood sample was taken or the urine sample was provided for the diagnosis and treatment of such injury;
if a blood sample was taken, the blood sample was taken in accordance with the regulations adopted under subsection (e) of this section;
a police officer has demonstrated to the satisfaction of a judge of the Superior Court that such officer has reason to believe that such person was operating a motor vehicle while under the influence of intoxicating liquor or drug or both and that the chemical analysis of such blood or urine sample constitutes evidence of the commission of the offense of operating a motor vehicle while under the influence of intoxicating liquor or drug or both in violation of subsection (a) of this section; and
such judge has issued a search warrant in accordance with section 54-33a authorizing the seizure of the chemical analysis of such blood or urine sample. Such search warrant may also authorize the seizure of the medical records prepared by the hospital in connection with the diagnosis or treatment of such injury.
P.A. 01-201

Public Act No. 01-201

Section 1. Section 14-227a of the general statutes is amended by adding subsection (m) as follows:

(NEW) (m) If the court sentences a person convicted of a violation of subsection (a) of this section to a period of probation, the court may require as a condition of such probation that such person participate in a victim impact panel program approved by the Court Support Services Division of the Judicial Department. Such victim impact panel program shall provide a nonconfrontational forum for the victims of alcohol-related or drug-related offenses and offenders to share experiences on the impact of alcohol-related or drug-related incidents in their lives. Such victim impact panel program shall be conducted by a nonprofit organization that advocates on behalf of victims of accidents caused by persons who operated a motor vehicle while under the influence of intoxicating liquor or any drug, or both. Such organization may assess a participation fee of not more than twenty-five dollars on any person required by the court to participate in such program.

P.A. 02-70

Sec. 69. Subsection (j) of section 14-227a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2002):

Each court shall report each conviction under subsection (a) of this section to the Commissioner of Motor Vehicles, in accordance with the provisions of section 14-141. The commissioner shall suspend the motor vehicle operator's license or nonresident operating privilege of the person reported as convicted for the period of time required by subsection (h) of this section. The commissioner shall determine the period of time required by said subsection (h) based on the number of convictions such person has had within the specified time period according to such person's driving history record, notwithstanding the sentence imposed by the court for such conviction.
The motor vehicle operator's license or nonresident operating privilege of a person found guilty under subsection (a) of this section who is under eighteen years of age shall be suspended by the commissioner for the period of time set forth in subsection (h) of this section, or until such person attains the age of eighteen years, whichever period is longer.
The motor vehicle operator's license or nonresident operating privilege of a person found guilty under subsection (a) of this section who, at the time of the offense, was operating a motor vehicle in accordance with a special operator's permit issued pursuant to section 14-37a shall be suspended by the commissioner for twice the period of time set forth in subsection (h) of this section. [(4) Whenever the motor vehicle operator's license of a person is suspended under subsection (h) of this section for conviction of a violation of subsection (a) of this section, the operator's license that is returned or reissued to such person by the Commissioner of Motor Vehicles upon completion of the period of suspension shall indicate on its reverse side that such person is an at-risk operator. For purposes of this subdivision, an "at-risk operator" is a person who has been convicted of a violation of subsection (a) of this section. (5)]
If an appeal of any conviction under subsection (a) of this section is taken, the suspension of the motor vehicle operator's license or nonresident operating privilege by the commissioner, in accordance with this subsection, shall be stayed during the pendency of such appeal.
Sec. 14-227a-1a. Definitions

As used in Sections 14-227a-1a to 14-227a-10a, inclusive, of the Regulations of Connecticut State Agencies:

"Alcohol analysis" means a quantitative method of analysis for alcohol by means of direct or indirect measurement or physico-chemical technique performed on a sample of blood, breath or urine of a person suspected of operating a motor vehicle while under the influence of intoxicating liquor;
"Alveolar air" means air expired from the lungs;
"Analyst" means an individual trained and certified in toxicological laboratory procedures;
"Blood ethyl alcohol concentration" means the unit weight of alcohol per one hundred (100) unit weights of blood expressed as percentage; for example, five hundredths (0.05) gram of alcohol per one hundred (100) grams of blood shall be expressed as five hundredths (0.05) per cent.
"Commissioner" means the Commissioner of Public Safety or his designee;
"Department" means the Department of Public Safety, Division of Scientific Services;
"Device" or "instrument" means any apparatus and associated accessories by means of which equivalent blood alcohol concentration is indicated or recorded on a dial, meter, scale, chart or printed record activated by a reaction between a sample introduced and appropriate detector in a chamber, tube or vessel within such apparatus;
"Direct breath alcohol analysis" means the analysis of a sample of an individual's expired breath using an instrument designed for this purpose in order to determine the concentration of ethyl alcohol in the individual's blood;
"Equipment" means the usual and customary laboratory and sampling instruments and apparatus other than those defined in subsection (7) of this section;
"Instructor" means an individual trained and certified to make an analysis with a direct breath alcohol analysis device or instrument and to train operators in the conduct of such analysis;
"Laboratory" means any place or area in which any sample of blood, breath or urine is subjected to a chemical or instrumental analysis. Such definition shall not include a place or area under the jurisdiction of a law enforcement agency or organization in which direct breath alcohol analyses are performed, except a place or area under the jurisdiction of the Division of Scientific Services within the Department of Public Safety.
"Operator" means an individual trained and certified to make an analysis with a direct breath alcohol analysis device or instrument;
"Person" shall have the meaning ascribed to it in subsection (k) of section 1-1 of the Connecticut General Statutes;
"Phlebotomist" means a person whose normal duties include withdrawing blood samples under the supervision of a licensed physician or registered nurse; and
"Test" means a method of trial to determine the concentration of alcohol in a sample or samples of blood or urine or a sample of breath, using a device or instrument designed for such purpose.
Sec. 14-227a-8a. Operation and use of alcohol test devices

No device or instrument may be used to conduct alcohol analyses in accordance with the provisions of Sections 14-227a-1a to 14-227a-10a, inclusive, of the Regulations of Connecticut State Agencies, until the commissioner inspects such device or instrument and determines that it is capable of providing accurate test results.
Only a certified analyst or operator may operate a device or instrument.
Each time a sample is analyzed by a device or instrument other than a direct breath alcohol analysis device or instrument, the analyst shall analyze duplicate samples.
A certified analyst shall check each device or instrument for accuracy immediately before and after each test. A certified operator shall verify the accuracy of a direct breath alcohol analysis device or instrument immediately before and after each test.
Effective April 7, 2000.

Sec. 14-227a-10a. Direct breath alcohol analysis

No person shall operate a direct breath alcohol analysis device or instrument unless such person has been certified by the commissioner and is employed by a law enforcement agency or the department. Such operator shall conduct tests according to methods and with equipment approved by the commissioner and shall verify the accuracy of the device or instrument immediately before and after each test.
Department approval of instrumentation
Standard of performance
Approval of a particular type and model of device or instrument shall be based on a laboratory evaluation of each device or instrument and its accessories to meet the following standard of performance:
The device or instrument shall be capable of collecting and analyzing breath samples that are alveolar in composition;
The device or instrument shall be capable of accurately analyzing a blank sample and suitable reference samples, such as air equilibrated with reference solutions of known alcohol concentration at known temperature;
The device or instrument shall be capable of alcohol analyses that result in a concentration less than one hundredth (0.01) gram per one hundred (100) grams of blood, i.e. one hundredth (0.01) percent, when alcohol-free subjects are tested.
Evaluation and approval
The applicant shall provide the commissioner with each device or instrument and all related accessories for which approval is sought, complete operating instructions, and such other materials or technical assistance as the commissioner requires to conduct an evaluation of the application.
The commissioner may also approve modified versions of such instruments and accessories when the modifications do not alter the capabilities of the devices or instruments and their associated accessories to meet the standards of performance as provided in subdivision (1) of this subsection.
Certification of specific devices or instruments
Each device or instrument shall be examined and certified prior to being placed in operation and after repairs that affect or alter its calibration. Repairs to printers shall not be subject to the requirements of this subdivision.
Annual certification shall not be required.
Sales of instruments
Any manufacturer who sells direct breath alcohol analysis devices or instruments in Connecticut or any buyer of such devices or instruments shall report all sales and purchases to the commissioner. Such report shall include the name, address, and telephone number of the agency purchasing such device or instrument, and the make and serial number of the device or instrument sold or purchased. This subdivision shall not apply to devices or instruments purchased or sold for purposes other than the provision of evidence in a court of law or in an administrative proceeding affecting persons suspected of operating a motor vehicle while under the influence of intoxicating liquor.
Methods for conducting direct breath alcohol analysis tests
All direct breath alcohol analysis tests shall be conducted in accordance with the following procedures:
Sample collection
The expired breath sample shall be air that is alveolar in composition. The breath sample shall be collected only after the subject has been monitored for at least 15 minutes prior to the collection of each sample. During this period, the test subject shall not have ingested alcoholic beverages or food, regurgitated or smoked.
Samples of the test subject's breath shall be collected with a device or instrument approved in accordance with subsection (b) of this section.
Operation of device or instrument
Operators shall follow the manufacturer's operating instructions for the device or instrument, unless the commissioner has modified such instructions. If such instructions have been so modified, then the instructions as modified shall be followed. The operating instructions applicable to the device or instrument shall be available at each location where a device or instrument is used.
All law enforcement agencies shall make available for inspection by the commissioner all devices or instruments used by them, together with the current logbook associated with each such device or instrument. Such logbook shall include the identity of each operator using the device or instrument, the frequency with which the device or instrument has been checked for accuracy, and the results of each subject's analysis and calibration.
Certification of operators and instructors
Certification of operators
General requirements An operator of a direct breath alcohol analysis device or instrument shall meet the following requirements:
Employment by a law enforcement agency or the department;
Successful completion of at least four hours of training in the operation of the device or instrument to be used. Such training may be acquired by attending training courses offered by the department or by certified instructors; and
Demonstration to the commissioner of the proper use and application of such device or instrument.
Proficiency instruction and review
At any time after certification, the commissioner may require an operator to satisfactorily demonstrate proficiency in the use of such device or instrument.
Each operator shall demonstrate to a certified instructor competence in the operation of a device or instrument at least once during the 12-month period following the last such demonstration. The results of each such review shall be reported to the commissioner.
Certification of instructors In order to be certified as an instructor in the use of a direct breath alcohol analysis device or instrument, the following requirements shall be met:
Employment by a law enforcement agency or the department;
Successful completion of at least seven hours of instruction approved by the commissioner on a designated device or instrument. Such instruction shall include the following:
The theory of the devices or instruments used in the analytical process that measures the alcohol content of the blood;
Practical application and experience in the use of such devices or instruments; and
Presentations and discussions of the pharmacological and physiological effects of alcohol on the human body.
Proficiency instruction and review Each instructor shall attend an annual course of instruction conducted by the commissioner.
Revocation of certification of operators and instructors
The commissioner may revoke a certification issued to an operator for the following reasons:
Failure to remain employed by a law enforcement agency or the department;
Misuse of the device or instrument or incompetence in the performance of alcohol analyses; or
Failure to participate in proficiency review and testing or failure to properly perform alcohol analyses during proficiency review and testing.
The commissioner may revoke a certification issued to an instructor for the following reasons:
Failure to remain employed by a law enforcement agency or the department;
Failure to demonstrate knowledge of the device or instrument or testing procedures to the extent necessary to instruct operators; or
Failure to attend an annual course of instruction conducted by the commissioner.
Effective April 7, 2000.
Request for Disclosure

Pursuant to Connecticut Practice Book §40-7, the Defendant in the above-captioned matter hereby requests that the State of Connecticut disclose in writing the existence of and allow the Defendant to inspect, copy, photograph and have reasonable test made on any of the following items:

Pursuant to Conn. Prac. Book §40-11:
Exculpatory information or materials;
Any books, tangible objects, papers, photographs, or documents within the possession, custody or control of any governmental agency, which the prosecuting authority intends to offer in evidence in chief at trial or which are material to the preparation of the defense or which were obtained from or purportedly belong to the defendant;
Copies of the defendant's prior criminal record, if any, which are within the possession, custody, or control of the prosecuting authority, the existence of which is known, or by the exercise of due diligence may become known, to the prosecuting authority;
Any reports or statements of experts made in connection with the offense charged including results of physical and mental examinations and of scientific tests, experiments or comparisons which are material to the preparation of the defense or are intended for use by the prosecuting authority as evidence in chief at the trial;
Any warrant executed for the arrest of the defendant for the offense charged, and any search and seizure warrants issued in connection with the investigation of the offense charged;
Any written, recorded or oral statements made by the defendant or a codefendant, before or after arrest to any law enforcement officer or to a person acting under the direction of or in cooperation with a law enforcement officer concerning the offense charged; or any relevant statements of coconspirators which the prosecuting authority intends to offer in evidence at any trial or hearing.
Pursuant to Conn. Prac. Book §40-13
the names and the addresses of all witnesses that the prosecuting authority intends to call in his or her case in chief , (unless said address would be subject to the provisions of Conn. Prac. Book §40-13 (g) and (h));
any statements of the witnesses in the possession of the prosecuting authority or his or her agents, including state and local law enforcement officers, which statements relate to the subject matter about which each witness will testify; and
Any record of felony convictions of the witnesses known to the prosecuting authority and any record of felony or misdemeanor charges pending against the witnesses known to the prosecuting authority.
Pursuant to Conn. Prac. Book §40-14
the manufacturer’s operating instructions for the Intoxilyzer 5000EN Serial Number (SAT – you’ll have to fill in for each defendant);
any modification to the manufacturer’s operating instructions by the Commissioner of Public Safety pursuant to Regulations of Connecticut State Agencies §14-227a-10a(c)(2)(A);
current logbook for the Intoxilyzer 5000 EN Serial Number (SAT – fill in) maintained pursuant to Regulations of Connecticut State Agencies §14-227a-10a(c)(2)(B) which includes the identity of each operator using the device or instrument, the frequency with which the device or instrument has been checked for accuracy, and the results of each subject's analysis and calibration. In connection with said logbook, Defendant has no objection to redacting other subjects’ names excluding his own.
Intoxilyzer 5000EN

The Standard in Evidential Breath Alcohol Testing
...No Unproven Technology Here

The past, the present and the future of evidential breath alcohol testing!

Coca-Cola®
Kleenex®
Intoxilyzer® 5000

Like the famous brand names that come to signify the product, CMI’s Intoxilyzer® 5000 has been the STANDARD against which all other evidential instruments are measured.

Intoxilyzer® 4011
Intoxilyzer® 5000
Intoxilyzer® 5000EN

For more than 25 years, the Intoxilyzer® line of infrared spectrometry breath alcohol testers has evolved into the STANDARD for accuracy, reliability and courtroom evidence. The Intoxilyzer® 5000 is the instrument of choice in the majority of state breath alcohol programs in the U.S. and Canada. That tradition continues with the new Intoxilyzer® 5000EN.

Features of the INTOXILYZER® 5000EN
New internal printer for three times faster printing
New standby mode for increased life of components
New internal modem means few cables, greater integration
Reduced interconnects/plumbing means less parts and more reliability
Thinner cell barrel walls means fast heating and better temperature regulation
New calibration port separate from the breath path means there’s no solenoid reducing back pressure
New real time clock-RAM-battery means increased life-ten years guaranteed!
New additional serial port means easy interfacing with the Guth® 2100 simulator
Specifications:

Functional

Power Switch: Activates breath tester.

Start Test Switch: Brings the unit out of standby and activates the test mode sequence.

Software Mode Selection: Features such as data entry, printing, test mode, digits displayed, etc. can be changed by accessing the features setup menu using the keyboard.

Digital Display: A 14-segment, 16-character, dot matrix (vacuum fluorescent) alphanumeric display which signals the operation of the unit, alerts the operator to required actions, and gives the alcohol test concentration in weight per volume.

Audible Tones: Signal the completion of an operation, the presence of a malfunction, an incorrect operational procedure, or an unfulfilled test requirement.

Printed Test Record: Provides a printed record of the date, model and serial number of the instrument, the test results and time of the test on a multi-copy card or single/double ply roll paper.

Breath Sampling: Instrument automatically senses end expiratory air (alveolar) using the technique of slope detection in conjunction with a minimum volume and minimum time requirement.

Keyboard: Keyboard is used to set time and date, set software mode switches, initiate maintenance and diagnostic routines, and input test data in the test record.

Calibration: The instrument is factory-calibrated and does not require periodic calibration adjustments as do fuel cell-equipped instruments.

Communications: The instrument is equipped with an RS-232 port for external computer interface.

Recirculation: The instrument is equipped with two solenoids, which re-circulates simulator vapor and extends the life of the simulator solution.

Standby Mode: Standby mode reduces dust accumulation in the instrument and increases component life by shutting down non-vital functions during inactive periods.

Remote Turn-On: Allows the operator, via a phone modem, to change the instrument from standby mode to testing mode for remote diagnostics, control checks or record transfer.

Breath Volume Measurement: A flow sensor allows breath volume information to be calculated and printed during each test.

Gas Calibration Ready: The instrument is equipped to use dry gas calibration verification medium as well as wet bath simulation.

Barometric Pressure Measurement: If dry gas is used as a calibration verification medium, a barometric sensor is included to provide automatic correction for barometric pressure.

Performance

Range: 0.005 to 0.450 BrAC grams/210 liters

Accuracy: Better than federal requirements, ±3% or ±.003 BrAC, whichever is greater

Precision: Standard deviation of 0.003 BrAC or better

Test Time: Typically less than one minute (excluding data entry)

Electrical

Power:

Input Voltage: 117 volt AC ±10% or 230 VAC ±10%

Input Current: 1.5 amps @117 volts AC

Fusing and Filtering: 3 amp fuse for overload protection, passive filter to meet FCC specifications

Environmental

Operating Temperature: 68oF to 86oF (20oC to 30oC)

Storage Temperature: 32oF to 140oF (0oC to 60oC)

Humidity: 10% to 90%, non-condensing

Optical

Light Source: Tungsten filament in halogen gas enclosed by a clear quartz envelope. Life expectancy is more than 10,000 hours.

Absorption Wavelength: Narrow passband IR filters are used to measure infrared absorption at specific wavelengths yielding reference, alcohol and interferent detection.

Cooled Detector: Single stage, thermoelectrically-cooled lead solenoid detector with an integral thermistor for temperature regulation. Life expectancy is more than seven years.

Light Path: Path length is 11.4 inches (28.9 cm).

MechanicaL

Dimensions: 18.75” wide x 17.35” deep x 5.75” high (47.6 cm wide x 44.1 cm deep x 14.6 cm high). With organizer stand: 36.35” wide x 19.25” deep x 10.5” high (92.3 cm wide x 48.9 cm deep x 26.7 cm high).

Weight: Approximately 30 lbs. (13.6 kg)

Sample Chamber: 11.4” (28.9 cm) with a volume of 81.4cc

Breath Tube: Instrument is provided with external, detachable, heated breath tube.

Computer Based

A multiprocessor system employing a microprocessor controls the general operation of the instrument from information display to printer operation, keyboard interface, and electro-mechanical functions. A separate microcontroller is used for optical signal processing which increases the system’s signal handling.

The microprocessor includes 56K EPROM (erasable programmable read only memory), 32K of battery-backed RAM 8K of Scratch RAM (Random Access Memory). Additionally, the microcontroller has a separate 64K EPROM available and a separate 8K scratchpad RAM. Every aspect of operation, from displaying and printing of information to the basic electrical and mechanical functions, is microcomputer controlled.

Warranty

One year, parts and labor. Two and three-year are optional.

Optional

Filters: The instrument can be equipped with three or five filters (for enhanced interferent detection).

Keyboards: The instrument can be equipped with either a standard PC type keyboard or a sealed membrane type which can be built into the front, sloped panel of the instrument.

External Printer: A Centronics-type printer port can be installed the instrument, which allows for printing of test results to an external printer.

Simulator Temperature Monitor: This allows the instrument, through software and hardware, to monitor the simulator temperature.

Heated Simulator Hose: Temperature-regulated simulator hoses eliminate the possibility of condensation in inlet and/or return tubing.

Communications Software: CMI’s COBRA program allows test results to be uploaded to a PC for record-keeping and data management. COBRA also provides remote diagnostic and calibration verification capabilities. COBRA is a Windows® based application.

Card Reader with External Keyboard: Allows for the use of magnetic strip encoded driver’s licenses and certification cards.

Organizer Stand: Provides a keyboard tray, simulator holder (or dry gas standard), and storage for printer cards and mouthpieces.

1-800-835-0690 Intoxilyzer Products