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Rules of admissibility for Connecticut DUI evidence


It is not against the law for Windham drivers to refuse to be tested for impaired driving during a traffic stop, but there is a price for failing to do so. All licensed drivers in Connecticut are affected by an implied consent law that penalizes individuals who refuse to submit to impairment tests. Refusal can equal a driver's license suspension.

Proper procedures must be used for drivers who submit to tests. Evidence collected to support a drunk-driving charge could be dismissed by a court if procedural rules aren't followed. Procedures differ depending upon whether a suspected driver is injured -- an uninjured driver must be given time to contact an attorney before a test is administered.

Tests must be given by a police officer or under the officer's supervision using authorized equipment and testing methods. Actually, blood alcohol concentration levels are measured twice, using two tests a minimum of 10 minutes apart. Prosecutors are held accountable for the accuracy of tests that produce differing results and the timing of tests.

Admissibility can depend upon whether the equipment was checked for accuracy prior to use. Tests must reflect the driver's condition at the time of the alleged offense -- under Connecticut DUI laws, BAC tests must be administered "within two hours of operation" for uninjured drivers. Authorities also must provide the driver with a copy of results of the tests within a timely manner.

These laws are not applicable when the driver in question suffers an injury. A DUI attorney can explain the procedural rules for urine and blood samples administered to injured drivers in medical facilities.

A license suspension is the first of many consequences a Windham driver may face following a drunk driving stop. Take advantage of the right to get in touch with a criminal defense lawyer before making a statement to police or agreeing to take a test.

Source: Connecticut General Assembly, "Connecticut DUI Laws," Paul Frisman, accessed April. 03, 2015