OLR Bill Analysis

SB 63 (as amended by Senate "A") *

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 person within two hours of his or her hunting, or operating a motor vehicle or boa,t for the results to be admissible in a criminal prosecution for hunting or operating a motor vehicle or boat while under the influence of drugs or alcohol or having an elevated BAC. The two-hour deadline also applies to an administrative per se hearing for operating a motor vehicle under the influence.

This bill allows a test taken after the two-hour deadline to be admissible if evidence is presented that the results and analysis accurately indicate the BAC at the time of the alleged offense.

*Senate Amendment“A” adds the boating and hunting provision; substitutes evidence to indicate the accuracy, for expert testimony to establish the reliability, of results taken after the two-hour BAC test deadline; and sets the same standard for administrative per se hearings.

EFFECTIVE DATE: October 1, 2012

BACKGROUND

Implied Consent for Administrative Per Se Hearings

By law, a person who drives a vehicle has implicitly consented to submit to drug or alcohol testing. The law establishes administrative license suspension procedures for drivers who refuse to submit to a test or whose test results indicate an elevated BAC (CGS 14-227b). A 2010 law authorized expert testimony for establishing BAC reliability when a BAC test was performed after the two-hour deadline and eliminated the two-hour deadline for administrative per se license suspension proceedings in both cases for boating violations.

COMMITTEE ACTION

Public Safety and Security Committee

Joint Favorable

Yea

21

Nay

0

(03/01/2012)

Judiciary Committee

Joint Favorable

Yea

31

Nay

6

(04/17/2012)