Connecticut DUI Chemical Evidence

Upon arrest for DUI in Connecticut, a suspect will be asked to submit to a blood, breath, or urine test at the option of the officer.

Prior to taking the test, the suspect will have a right to a reasonable opportunity to call an attorney.

Refusal of a test during a Connecticut DUI arrest

If the person refuses to submit to testing, administrative penalties will apply (see the Connecticut Driving tab), but no test will be given. A person who refuses or is unable to submit to a blood test will be requested to take a urine or breath test. Any chemical testing must be commenced within two hours of the time of driving. In order for chemical test results to be admissible in court, the following must be established:

(1) 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;
(2) 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;
(3) 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;
(4) the device used for such test was checked for accuracy in accordance with the regulations;
(5) 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 if reasonable efforts were made to have such additional test performed in accordance with the conditions 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; and
(6) evidence is presented that the test was commenced within two hours of operation.

The Commissioner of Public Safety adopted regulations 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. Testing that was not performed in compliance with these regulations may be challenged, and if successful, the results of the tests will not be admissible in court.

The types of chemical testing used during Connecticut DUI arrests

BLOOD TESTING -  In Connecticut DWI cases, blood testing is the most reliable way to detect alcohol and drugs, but it is also the most invasive. If a person over the age of 21 does not wish to submit to a blood test, then the officer will allow them to take a breath or urine test instead. Typically persons who refuse blood testing will not have the test performed. A blood sample will be obtained from any surviving operator whose motor vehicle is involved in an accident resulting in the serious physical injury, or death of another person, if a police officer has probable cause to believe that a person operated a motor vehicle while under the influence of alcohol and/or drugs. Blood draws must be conducted by a person licensed to practice medicine and surgery in Connecticut, a qualified laboratory technician, an emergency medical technician II, a registered nurse, a physician assistant or a phlebotomist.

BREATH TESTING - Breath testing in Connecticut DUI cases is performed on a breath machine called an Intoxilyzer 5000. Prior to the test, a DUI suspect must be observed for at least 20 minutes to ensure that nothing is placed into the mouth that could interfere with the test result. Two breath samples will be taken, during which the suspect will blow into the machine through a tube. The machine will print out a card indicating the result. The average of the two samples will be computed as the result. Breath testing is the most common chemical test but it is also the most unreliable. Breath machines also are unable to detect for the presence of drugs, and are not used in cases where DUI drug impairment is suspected.

URINE TESTING - During Connecticut DUI arrests, urine testing may be conducted to determine the presence of drugs and/or alcohol. Urine testing is not as reliable as blood testing, but it is an alternative for detecting drug levels in a person who does not wish to submit to a blood test.