Connecticut General Statutes 14-227c – Blood, breath or urine sample and drug influence evaluation required following accident resulting in death or serious physical injury
(a) As part of the investigation of any motor vehicle accident resulting in the death of a person, the Chief Medical Examiner, Deputy Chief Medical Examiner, an associate medical examiner, a pathologist as specified in § 19a-405, or an authorized assistant medical examiner, as the case may be, shall order that a blood sample be taken from the body of any operator or pedestrian who dies as a result of such accident. Such blood samples shall be examined for the presence and concentration of alcohol and any drug by the Division of Scientific Services within the Department of Emergency Services and Public Protection or by the Office of the Chief Medical Examiner, or by any forensic toxicology laboratory pursuant to an agreement with the office. Nothing in this subsection or § 19a-406 shall be construed as requiring such medical examiner to perform an autopsy in connection with obtaining such blood samples.
Terms Used In Connecticut General Statutes 14-227c
- another: may extend and be applied to communities, companies, corporations, public or private, limited liability companies, societies and associations. See Connecticut General Statutes 1-1
- Motor vehicle: includes all vehicles used on the public highways. See Connecticut General Statutes 14-212
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
(b) If any surviving operator whose motor vehicle is involved in an accident resulting in the serious physical injury, as defined in § 53a-3, or death of another person, and (1) a police officer has probable cause to believe that such operator operated such motor vehicle while under the influence of intoxicating liquor or any drug, or both, or (2) such operator has been charged with a motor vehicle violation in connection with such accident and a police officer has a reasonable and articulable suspicion that such operator operated such motor vehicle while under the influence of intoxicating liquor or any drug, or both:
(A) A blood, breath or urine sample shall be obtained from such surviving operator. The test shall be performed by or at the direction of a police officer according to methods and with equipment approved by the Department of Emergency Services and Public Protection and shall be performed by a person certified or recertified for such purpose by said department or recertified by persons certified as instructors by the Commissioner of Emergency Services and Public Protection. The equipment used for such test shall be checked for accuracy by a person certified by the Department of Emergency Services and Public Protection immediately before and after such test is performed. If a blood test is performed, it shall be on a blood sample taken by a person licensed to practice medicine and surgery in this state, a qualified laboratory technician, a registered nurse, a physician assistant or a phlebotomist. A blood sample obtained from an operator pursuant to this subsection shall be examined for the presence and concentration of alcohol and any drug by the Division of Scientific Services within the Department of Emergency Services and Public Protection; and
(B) A drug recognition expert shall conduct a drug influence evaluation of such surviving operator, provided such operator is not seriously injured or otherwise unable to take such evaluation as a result of the accident.
(c) Each police officer who obtains from a surviving operator any blood, breath or urine sample or a drug influence evaluation conducted on such operator pursuant to subsection (b) of this section shall submit to the Commissioner of Motor Vehicles a written report providing the results of such sample or evaluation on a form approved by the commissioner. The commissioner may, after notice and an opportunity for a hearing held in accordance with chapter 54 and § 14-227b, suspend the motor vehicle operator’s license or operating privilege of such person and require such person to install and maintain an ignition interlock device as provided for in subsection (i) of § 14-227b. Such hearing shall be limited to a determination of the following issues: (1) Was the person operating the motor vehicle; (2) was the person’s sample obtained in accordance with, or drug influence evaluation conducted pursuant to, the provisions of subsection (b) of this section; and (3) was the examined sample found to have an elevated blood alcohol content, as defined in § 14-227b or was the person operating the motor vehicle under the influence of intoxicating liquor or any drug, or both.
(d) In any motor vehicle accident resulting in the death of a person, the law enforcement unit, as defined in § 7-294a, responding to the accident shall assign an officer trained in advanced roadside impaired driving enforcement to respond, if such an officer is available.