Section 15-140q - Consent for chemical analysis. Suspension of safe boating certificate. Procedures. Hearing on suspension. Penalties for conviction. Elevated blood alcohol content defined. Regulations(a) Any person who operates a vessel in this state shall be deemed to have consented to (1) a chemical test of such person's blood, breath or urine, and (2) a nontestimonial portion of a drug influence evaluation conducted by a drug recognition expert. If such person is a minor, such person's parent or parents or guardian shall also be deemed to have given their consent for such test or evaluation. (b)(1) A peace officer who has placed a person under arrest for violating subsection (b) of section 53-206d; operating a vessel upon the waters of this state while under the influence of intoxicating liquor or any drug, or both; or operating a vessel upon the waters of this state while such person has an elevated blood alcohol content, may request that such person submit to a blood, breath or urine test at the option of the peace officer, a drug influence evaluation conducted by a drug recognition expert, or both, after such person has been (A) apprised of such person's constitutional rights, (B) afforded a reasonable opportunity to telephone an attorney prior to the performance of such test or evaluation, (C) informed that evidence of any refusal to submit to such test or evaluation shall be admissible in accordance with subsection (d) of section 15-140r and may be used against such person in any criminal prosecution, except that refusal to submit to the testimonial portions of a drug influence evaluation shall not be considered evidence of refusal of such evaluation for purposes of any criminal prosecution, and (D) informed that such person's safe boating certificate, right to operate a vessel that requires a safe boating certificate for operation or certificate of personal watercraft operation issued by the commissioner as a condition of operating a vessel may be suspended in accordance with the provisions of this section if (i) such person refuses to submit to such test or nontestimonial portion of a drug influence evaluation, (ii) such person submits to such test and the results of such test indicate that such person has an elevated blood alcohol content, or (iii) the officer concludes, through investigation, that such person was operating a vessel under the influence of intoxicating liquor or any drug, or both.(2) If the person refuses to submit to any test or drug influence evaluation, the test or evaluation shall not be given, except that if the person refuses or is unable to submit to a blood test, the peace officer shall designate another test to be taken. If the person submits to a breath test and the peace officer, for reasonable cause, requests an additional chemical test of a different type to detect the presence of a drug or drugs other than or in addition to alcohol, the peace officer may administer such test, except that if the person refuses or is unable to submit to a blood test, the peace officer shall designate a urine test to be taken. The peace officer shall make a notation upon the records of the law enforcement unit, as defined in section 7-294a, that such officer informed the person that such person's safe boating certificate, right to operate a vessel that requires a safe boating certificate for operation or certificate of personal watercraft operation may be suspended if such person (A) refused to submit to such test or the nontestimonial portion of a drug influence evaluation; (B) submitted to such test and the results of such test indicated that such person had an elevated blood alcohol content; or (C) the officer concludes, through investigation, that such person was operating a vessel under the influence of intoxicating liquor or any drug, or both.(c) If the person arrested refuses to submit to such test or nontestimonial portion of a drug influence evaluation, or submits to such test and the results of such test indicate that at the time of the alleged offense such person had an elevated blood alcohol content, the peace officer shall immediately revoke the safe boating certificate, right to operate a vessel that requires a safe boating certificate for operation or certificate of personal watercraft operation, if any, of such person for a twenty-four-hour period. The peace officer shall prepare a written report of the incident and shall mail the report, together with any certificate taken into possession and a copy of the results of any chemical test, to the commissioner within three business days. The report shall be made on a form approved by the commissioner and shall be subscribed and sworn to under penalty of false statement as provided in section 53a-157b by the peace officer before whom such refusal was made or who administered or caused to be administered such test. If the person arrested refused to submit to such test or evaluation, the report shall be endorsed by a third person who witnessed such refusal. The report shall set forth the grounds for the officer's belief that there was probable cause to arrest such person for operating such vessel while under the influence of intoxicating liquor or any drug, or both, or while such person has an elevated blood alcohol content and shall state that such person refused to submit to such test or evaluation when requested by such peace officer or that such person submitted to such test and the results of such test indicated that such person at the time of the alleged offense had an elevated blood alcohol content. (d) If a peace officer has placed a person under arrest for violating subsection (b) of section 53-206d; operating a vessel upon the waters of this state while under the influence of intoxicating liquor or any drug, or both; or operating a vessel upon the waters of this state while such person has an elevated blood alcohol content and does not request that such person submit to a blood, breath or urine test under subsection (b) of this section, or obtains test results from a test administered under subsection (b) of this section that indicate that the person does not have an elevated blood alcohol content, such officer shall: (1) Advise such person that such person's safe boating certificate, right to operate a vessel that requires a safe boating certificate for operation or certificate of personal watercraft operation issued by the commissioner as a condition of operating a vessel may be suspended in accordance with the provisions of this section if such officer concludes, through a police investigation, that such person was operating a vessel under the influence of intoxicating liquor or any drug, or both; and (2) Submit a report to the commissioner in accordance with the procedure set forth in subsection (c) of this section and, if such report contains the results of a blood, breath or urine test that does not show an elevated blood alcohol content, such report shall conform to the requirements in subsection (c) of this section for reports that contain results showing an elevated blood alcohol content. In any report submitted under this subdivision, the officer shall document (A) the basis for the officer's belief that there was probable cause to arrest such person for a violation of subsection (b) of section 53-206d; operating a vessel upon the waters of this state while under the influence of intoxicating liquor or any drug, or both; or operating a vessel upon the waters of this state while such person has an elevated blood alcohol content, and (B) whether the officer concludes, through investigation, that the person was operating a vessel under the influence of intoxicating liquor or any drug, or both. With such report, the officer may submit other supporting documentation indicating the person's intoxication by liquor or any drug, or both. If the officer concludes, through investigation, that the person was operating a vessel under the influence of intoxicating liquor or any drug, or both, the officer shall immediately revoke and take possession of the person's safe boating certificate, right to operate a vessel that requires a safe boating certificate for operation or certificate of personal watercraft operation issued by the commissioner as a condition of operating a vessel, for a twenty-four-hour period.(e) Upon receipt of a report submitted under subsection (c) or (d) of this section, the commissioner shall suspend the safe boating certificate, right to operate a vessel that requires a safe boating certificate for operation or certificate of personal watercraft operation of such person effective as of a date certain, and such date certain shall be no later than thirty-five days from the later of the date such person received (1) notice of such person's arrest by the peace officer, or (2) the results of a blood or urine test or a drug influence evaluation. Any person whose safe boating certificate, right to operate a vessel that requires a safe boating certificate for operation or certificate of personal watercraft operation is suspended in accordance with this subsection shall be entitled to a hearing before the commissioner to be held prior to the effective date of the suspension. The commissioner shall send a suspension notice to such person informing such person that such person's safe boating certificate, right to operate a vessel that requires a safe boating certificate for operation or certificate of personal watercraft operation is suspended and shall specify the date of such suspension and that such person is entitled to a hearing prior to the effective date of the suspension and may schedule such hearing by contacting the commissioner not later than seven days after the date of mailing of such suspension notice.(f) If such person does not contact the department to schedule a hearing, the commissioner shall affirm the suspension contained in the suspension notice for the appropriate period specified in subsection (i) of this section.(g)(1) If such person contacts the department to schedule a hearing, the commissioner shall assign a date, time and place for the hearing, which date shall be prior to the effective date of the suspension. At the request of such person and upon a showing of good cause, the commissioner may grant one continuance for a period not to exceed thirty days. (2) A hearing based on a report submitted under subsection (c) of this section shall be limited to a determination of the following issues: (A) Whether the peace officer had probable cause to arrest the person for operating the vessel while under the influence of intoxicating liquor or drugs, or both, or while such person has an elevated blood alcohol content; (B) whether such person was placed under arrest;(C) whether such person (i) refused to submit to such test or nontestimonial portion of a drug influence evaluation, or (ii) submitted to such test and the results of such test indicated that at the time of the alleged offense that such person had an elevated blood alcohol content; and (D) whether such person was operating the vessel.(3) A hearing based on a report submitted under subsection (d) of this section shall be limited to a determination of the following issues: (A) Whether the peace officer had probable cause to arrest the person for operating a vessel while under the influence of intoxicating liquor or drugs, or both, or while such person has an elevated blood alcohol content;(B) whether such person was placed under arrest; (C) whether such person was operating a vessel under the influence of intoxicating liquor or any drug, or both; and (D) whether such person was operating the vessel.(4) At a hearing held under this subsection, the results of the test, if administered, shall be sufficient to indicate the ratio of alcohol in the blood of such person at the time of operation, except that if the results of an additional test, administered pursuant to section 15-140r, indicate that the ratio of alcohol in the blood of such person is eight-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 analysis thereof accurately indicate the blood alcohol content at the time of operation. The fees of any witness summoned to appear at a hearing under this subsection shall be the same as provided in section 52-260.(5) In a hearing based on a report submitted under subsection (d) of this section, evidence of operation under the influence of intoxicating liquor or any drug, or both shall be admissible. Such evidence may include, but need not be limited to, (A) the peace officer's observations of intoxication, as documented in a report submitted to the commissioner under subsection (d) of this section; (B) the results of any chemical test administered under this section or a toxicology report certified by the Division of Scientific Services within the Department of Emergency Services and Public Protection; (C) hospital or medical records obtained in accordance with subsection (j) of this section or by the consent of the operator; or (D) reports of drug recognition experts.(h) If, after a hearing under subdivision (2) of subsection (g) of this section, the commissioner finds in the negative on any one of the issues specified In subparagraph (A), (B), (C) or (D) of said subdivision, the commissioner shall stay the safe boating certificate, right to operate a vessel that requires a safe boating certificate for operation or certificate of personal watercraft operation suspension. If, after a hearing under subdivision (3) of subsection (g) of this section, the commissioner finds in the negative on any one of the issues specified in subparagraph (A), (B), (C) or (D) of said subdivision, the commissioner shall stay the safe boating certificate, right to operate a vessel that requires a safe boating certificate for operation or certificate of personal watercraft operation suspension. If, after such hearing under subdivision (2) or (3) of subsection (g) of this section, the commissioner does not find on any one of said issues in the negative or if such person fails to appear at such hearing, the commissioner shall affirm the suspension contained in the suspension notice for the appropriate period specified in subsection (i) of this section. The commissioner shall render a decision at the conclusion of such hearing or send a notice of the decision by certified mail to such person not later than thirty-five days from the date of notice of such person's arrest by the peace officer or, if a continuance is granted, not later than sixty-five days from the date such person received notice of such person's arrest by the peace officer. The notice of such decision sent by certified mail to the address of such person as shown by the records of the commissioner shall be sufficient notice to such person that such person's safe boating certificate, right to operate a vessel that requires a safe boating certificate for operation or certificate of personal watercraft operation is suspended or the suspension is stayed. Unless a continuance of the hearing is granted pursuant to subsection (g) of this section, if the commissioner fails to render a decision within thirty-five days from the date that such person received notice of such person's arrest by the peace officer, the commissioner shall not suspend such person's safe boating certificate, right to operate a vessel that requires a safe boating certificate for operation or certificate of personal watercraft operation.(i) The commissioner shall suspend the operator's safe boating certificate, right to operate a vessel that requires a safe boating certificate for operation or certificate of personal watercraft operation of a person who does not contact the department to schedule a hearing under subsection (e) of this section, who fails to appear at such hearing, or against whom, after a hearing, the commissioner holds pursuant to subsection (g) of this section. Such suspension shall be as of the effective date contained in the suspension notice or the date the commissioner renders a decision, whichever is later, for a period of: (1)(A) Except as provided in subparagraph (B) of this subdivision, ninety days if such person submitted to a test and the results of such test indicated that at the time of the alleged offense that such person had an elevated blood alcohol content, or such person was found to have been operating a vessel under the influence of intoxicating liquor or any drug, or both, based on a report filed pursuant to subsection (d) of this section, or (B) one hundred twenty days if such person submitted to a test and the results of such test indicated that the ratio of alcohol in the blood of such person was sixteen-hundredths of one per cent or more of alcohol, by weight, or (C) six months if such person refused to submit to such test; (2) if such person has previously had such person's safe boating certificate, right to operate a vessel that requires a safe boating certificate for operation or certificate of personal watercraft operation suspended under this section, (A) except as provided in subparagraph (B) of this subdivision, nine months if such person submitted to a test and the results of such test indicated that at the time of the alleged offense that such person had an elevated blood alcohol content, or such person was found to have been operating a vessel under the influence of intoxicating liquor or any drug, or both, based on a report filed pursuant to subsection (d) of this section, (B) ten months if such person submitted to a test and the results of such test indicated that the ratio of alcohol in the blood of such person was sixteen-hundredths of one per cent or more of alcohol, by weight, and (C) one year if such person refused to submit to such test; and (3) if such person has two or more times previously had such person's safe boating certificate, right to operate a vessel that requires a safe boating certificate for operation or certificate of personal watercraft operation suspended under this section, (A) except as provided in subparagraph (B) of this subdivision, two years if such person submitted to a test and the results of such test indicated that at the time of the alleged offense that such person had an elevated blood alcohol content, or such person was found to have been operating a vessel under the influence of intoxicating liquor or any drug, or both, based on a report filed pursuant to subsection (d) of this section, (B) two and one-half years if such person submitted to a test and the results of such test indicated that the ratio of alcohol in the blood of such person was sixteen-hundredths of one per cent or more of alcohol, by weight, and (C) three years if such person refused to submit to such test. (j) Notwithstanding the provisions of subsections (b) to (i), inclusive, of this section, any peace officer who obtains the results of a chemical analysis of a blood sample taken from an operator of a vessel involved in an accident who suffered or allegedly suffered physical injury in such accident shall notify the commissioner and submit to the commissioner a written report if such results indicate that at the time of the alleged offense such person had an elevated blood alcohol content, or any quantity of an intoxicating liquor or any drug, or both, in such person's blood, and if such person was arrested for a violation of section 15-132a, subsection (d) of section 15-133 or section 15-140l or 15-140n 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 under penalty of false statement, as provided in section 53a-157b, by the peace officer. The commissioner shall, after notice and an opportunity for hearing, which shall be conducted in accordance with chapter 54, suspend the safe boating certificate, right to operate a vessel that requires a safe boating certificate for operation or certificate of personal watercraft operation of such person for a period of up to ninety days, or, if such person has previously had such person's operating privilege suspended under this section, for a period up to one year. Each hearing conducted under this section shall be limited to a determination of the following issues: (1) Whether the peace officer had probable cause to arrest the person for operating a vessel while under the influence of intoxicating liquor or drugs, or both, or while such person has an elevated blood alcohol content; (2) whether such person was placed under arrest; (3) whether such person was operating the vessel; (4) whether (A) the results of the analysis of the blood of such person indicate that such person had an elevated blood alcohol content, or (B) the person was operating a vessel under the influence of intoxicating liquor or any drug, or both; and (5) whether the blood sample was obtained in accordance with conditions for admissibility as set forth in section 15-140s. If, after such hearing, the commissioner finds on any issue 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.(k) 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 subparagraph (E) of subdivision (1) of subsection (a) of section 15-140r.(l) The provisions of this section do not apply to any person whose physical condition is such that, according to competent medical advice, such test would be inadvisable.(m) The state shall pay the reasonable charges of any physician who, at the request of a law enforcement unit, as defined in section 7-294a , takes a blood sample for purposes of a test under the provisions of this section.(n) 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.(o) The commissioner may adopt regulations, in accordance with chapter 54, to implement the provisions of this section. (p) For purposes of this section and section 15-140r, (1) "drug influence evaluation" means an evaluation developed by the National Highway Traffic Safety Administration and the International Association of Chiefs of Police that is conducted by a drug recognition expert to determine the level of a person's impairment from the use of drugs and the drug category causing such impairment; (2) "drug recognition expert" means a person certified by the International Association of Chiefs of Police as having met all requirements of the International Drug Evaluation and Classification Program; and (3) "nontestimonial portion of a drug influence evaluation" means a drug influence evaluation conducted by a drug recognition expert that does not include a verbal interview with the subject.Conn. Gen. Stat. § 15-140q
(P.A. 89-388, S. 19, 27; P.A. 00-142, S. 4; P.A. 03-244, S. 5; P.A. 09-140, S. 10; P.A. 10-124, S. 1, 2; P.A. 11-59, S. 1; 11-74, S. 3.)
Amended by P.A. 21-0001,S. 122 of the Connecticut Acts of the 2021 Special Session, eff. 4/1/2022.Amended by P.A. 11-0074, S. 3 of the the 2011 Regular Session, eff. 7/1/2011.Amended by P.A. 11-0059, S. 1 of the the 2011 Regular Session, eff. 7/1/2011.Amended by P.A. 10-0124, S. 2 of the February 2010 Regular Session, eff. 5/27/2010.Amended by P.A. 10-0124, S. 1 of the February 2010 Regular Session, eff. 5/27/2010.Amended by P.A. 09-0140, S. 10 of the the 2009 Regular Session, eff. 7/1/2009.