OLR BILL ANALYSIS

SB 63

AN ACT CONCERNING THE TIMING OF TESTS FOR BLOOD ALCOHOL LEVELS IN OPERATING UNDER THE INFLUENCE CASES.

SUMMARY:

Under current law, a blood alcohol (BAC) test or analysis must be administered to a driver within two hours of his or her operating a motor vehicle for the results to be admissible in a criminal prosecution for operating a motor vehicle while under (1) the influence of drugs or alcohol or (2) having an elevated BAC. This bill allows the admissibility of a test taken after the two-hour deadline if expert testimony establishes its reliability. The bill also makes a conforming change by eliminating the two-hour test deadline for purposes of administrative per se hearings, but it does not require expert testimony to establish the reliability of tests taken after the deadline for these hearings.

EFFECTIVE DATE: October 1, 2012

BACKGROUND

Implied Consent for Administrative Per Se Hearings

CGS 14-227b provides that a person who drives a vehicle has implicitly consented to submit to drug or alcohol testing. It establishes administrative license suspension procedures for drivers who refuse to submit to a test or whose test results indicate an elevated BAC.

COMMITTEE ACTION

Public Safety and Security Committee

Joint Favorable

Yea

21

Nay

0

(03/01/2012)