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State Codes and Statutes

Statutes > Connecticut > Title14 > Chap248 > Sec14-227a

      Sec. 14-227a. Operation while under the influence of liquor or drug or while
having an elevated blood alcohol content.
(a) Operation while under the influence
or while having an elevated blood alcohol content.
No person shall operate a motor
vehicle while under the influence of intoxicating liquor or any drug or both. A person
commits the offense of operating a motor vehicle while under the influence of intoxicating liquor or any drug or both if such person operates a motor vehicle (1) while under
the influence of intoxicating liquor or any drug or both, or (2) while such person has an
elevated blood alcohol content. For the purposes of this section, "elevated blood alcohol
content" means a ratio of alcohol in the blood of such person that is eight-hundredths
of one per cent or more of alcohol, by weight, and "motor vehicle" includes a snowmobile
and all-terrain vehicle, as those terms are defined in section 14-379.

      (b) Admissibility of chemical analysis. Except as provided in subsection (c) of
this section, in any criminal prosecution for violation of subsection (a) of this section,
evidence respecting the amount of alcohol or drug in the defendant's blood or urine at
the time of the alleged offense, as shown by a chemical analysis of the defendant's
breath, blood or urine shall be admissible and competent provided: (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 adopted under
subsection (d) of this section; (4) the device used for such test was checked for accuracy
in accordance with the regulations adopted under subsection (d) of this section; (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 under this subsection if reasonable efforts were made to have
such additional test performed in accordance with the conditions set forth in this subsection 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
set forth in this subsection; and (6) evidence is presented that the test was commenced
within two hours of operation. In any prosecution under this section it shall be a rebuttable presumption that the results of such chemical analysis establish the ratio of alcohol
in the blood of the defendant at the time of the alleged offense, except that if the results
of the additional test indicate that the ratio of alcohol in the blood of such defendant is
twelve-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 the analysis thereof accurately indicate the blood alcohol content at the time of the
alleged offense.

      (c) Evidence of blood alcohol content. In any prosecution for a violation of subdivision (1) of subsection (a) of this section, reliable evidence respecting the amount of
alcohol in the defendant's blood or urine at the time of the alleged offense, as shown
by a chemical analysis of the defendant's blood, breath or urine, otherwise admissible
under subsection (b) of this section, shall be admissible only at the request of the defendant.

      (d) Testing and analysis of blood, breath and urine. The Commissioner of Public
Safety shall ascertain the reliability of each method and type of device offered for chemical testing and analysis purposes of blood, of breath and of urine and certify those
methods and types which said commissioner finds suitable for use in testing and analysis
of blood, breath and urine, respectively, in this state. The Commissioner of Public Safety
shall adopt regulations, in accordance with chapter 54, 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 as said commissioner finds necessary to protect the health and safety of persons
who submit to chemical tests and to insure reasonable accuracy in testing results. Such
regulations shall not require recertification of a police officer solely because such officer
terminates such officer's employment with the law enforcement agency for which certification was originally issued and commences employment with another such agency.

      (e) Evidence of refusal to submit to test. In any criminal prosecution for a violation
of subsection (a) of this section, evidence that the defendant refused to submit to a blood,
breath or urine test requested in accordance with section 14-227b shall be admissible
provided the requirements of subsection (b) of said section have been satisfied. If a case
involving a violation of subsection (a) of this section is tried to a jury, the court shall
instruct the jury as to any inference that may or may not be drawn from the defendant's
refusal to submit to a blood, breath or urine test.

      (f) Reduction, nolle or dismissal prohibited. If a person is charged with a violation
of the provisions of subsection (a) of this section, the charge may not be reduced, nolled
or dismissed unless the prosecuting authority states in open court such prosecutor's
reasons for the reduction, nolle or dismissal.

      (g) Penalties for operation while under the influence. Any person who violates
any provision of subsection (a) of this section shall: (1) For conviction of a first violation,
(A) be fined not less than five hundred dollars or more than one thousand dollars, and
(B) be (i) imprisoned not more than six months, forty-eight consecutive hours of which
may not be suspended or reduced in any manner, or (ii) imprisoned not more than six
months, with the execution of such sentence of imprisonment suspended entirely and
a period of probation imposed requiring as a condition of such probation that such person
perform one hundred hours of community service, as defined in section 14-227e, and (C)
have such person's motor vehicle operator's license or nonresident operating privilege
suspended for one year; (2) for conviction of a second violation within ten years after
a prior conviction for the same offense, (A) be fined not less than one thousand dollars
or more than four thousand dollars, (B) be imprisoned not more than two years, one
hundred twenty consecutive days of which may not be suspended or reduced in any
manner, and sentenced to a period of probation requiring as a condition of such probation
that such person perform one hundred hours of community service, as defined in section
14-227e, and (C) (i) have such person's motor vehicle operator's license or nonresident
operating privilege suspended for three years or until the date of such person's twenty-first birthday, whichever is longer, or (ii) if such person has been convicted of a violation
of subdivision (1) of subsection (a) of this section on account of being under the influence
of intoxicating liquor or of subdivision (2) of subsection (a) of this section, have such
person's motor vehicle operator's license or nonresident operating privilege suspended
for one year and be prohibited for the two-year period following completion of such
period of suspension from operating a motor vehicle unless such motor vehicle is
equipped with a functioning, approved ignition interlock device, as defined in section
14-227j; and (3) for conviction of a third and subsequent violation within ten years after
a prior conviction for the same offense, (A) be fined not less than two thousand dollars
or more than eight thousand dollars, (B) be imprisoned not more than three years, one
year of which may not be suspended or reduced in any manner, and sentenced to a period
of probation requiring as a condition of such probation that such person perform one
hundred hours of community service, as defined in section 14-227e, and (C) have such
person's motor vehicle operator's license or nonresident operating privilege permanently revoked upon such third offense. For purposes of the imposition of penalties for
a second or third and subsequent offense pursuant to this subsection, a conviction under
the provisions of subsection (a) of this section in effect on October 1, 1981, or as amended
thereafter, a conviction under the provisions of either subdivision (1) or (2) of subsection
(a) of this section, a conviction under the provisions of section 53a-56b or 53a-60d or
a conviction in any other state of any offense the essential elements of which are determined by the court to be substantially the same as subdivision (1) or (2) of subsection
(a) of this section or section 53a-56b or 53a-60d, shall constitute a prior conviction for
the same offense.

      (h) Suspension of operator's license or nonresident operating privilege.
(1) Each court shall report each conviction under subsection (a) of this section to the
Commissioner of Motor Vehicles, in accordance with the provisions of section 14-141.
The commissioner shall suspend the motor vehicle operator's license or nonresident
operating privilege of the person reported as convicted for the period of time required
by subsection (g) of this section. The commissioner shall determine the period of time
required by said subsection (g) based on the number of convictions such person has
had within the specified time period according to such person's driving history record,
notwithstanding the sentence imposed by the court for such conviction. (2) The motor
vehicle operator's license or nonresident operating privilege of a person found guilty
under subsection (a) of this section who is under eighteen years of age shall be suspended
by the commissioner for the period of time set forth in subsection (g) of this section, or
until such person attains the age of eighteen years, whichever period is longer. (3) The
motor vehicle operator's license or nonresident operating privilege of a person found
guilty under subsection (a) of this section who, at the time of the offense, was operating
a motor vehicle in accordance with a special operator's permit issued pursuant to section
14-37a shall be suspended by the commissioner for twice the period of time set forth
in subsection (g) of this section. (4) If an appeal of any conviction under subsection
(a) of this section is taken, the suspension of the motor vehicle operator's license or
nonresident operating privilege by the commissioner, in accordance with this subsection,
shall be stayed during the pendency of such appeal.

      (i) Installation of ignition interlock device. (1) The Commissioner of Motor Vehicles shall permit a person whose license has been suspended in accordance with the
provisions of subparagraph (C)(ii) of subdivision (2) of subsection (g) of this section
to operate a motor vehicle if (A) such person has served not less than one year of such
suspension, and (B) such person has installed an approved ignition interlock device in
each motor vehicle owned or to be operated by such person. No person whose license
is suspended by the commissioner for any other reason shall be eligible to operate a
motor vehicle equipped with an approved ignition interlock device. (2) All costs of
installing and maintaining an ignition interlock device shall be borne by the person
required to install such device. (3) The commissioner shall adopt regulations, in accordance with the provisions of chapter 54, to implement the provisions of this subsection.
The regulations shall establish procedures for the approval of ignition interlock devices,
for the proper calibration and maintenance of such devices and for the installation of such
devices by any firm approved and authorized by the commissioner. (4) The provisions of
this subsection shall not be construed to authorize the continued operation of a motor
vehicle equipped with an ignition interlock device by any person whose operator's license or nonresident operating privilege is withdrawn, suspended or revoked for any
other reason. (5) The provisions of this subsection shall apply to any person whose
license has been suspended in accordance with the provisions of subparagraph (C)(ii)
of subdivision (2) of subsection (g) of this section on or after September 1, 2003.

      (j) Participation in alcohol education and treatment program. In addition to
any fine or sentence imposed pursuant to the provisions of subsection (g) of this section,
the court may order such person to participate in an alcohol education and treatment
program.

      (k) Seizure and admissibility of medical records of injured operator. Notwithstanding the provisions of subsection (b) of this section, evidence respecting the amount
of alcohol or drug in the blood or urine of an operator of a motor vehicle involved in
an accident who has suffered or allegedly suffered physical injury in such accident,
which evidence is derived from a chemical analysis of a blood sample taken from or a
urine sample provided by such person after such accident at the scene of the accident,
while en route to a hospital or at a hospital, shall be competent evidence to establish
probable cause for the arrest by warrant of such person for a violation of subsection (a)
of this section and shall be admissible and competent in any subsequent prosecution
thereof if: (1) The blood sample was taken or the urine sample was provided for the
diagnosis and treatment of such injury; (2) if a blood sample was taken, the blood sample
was taken in accordance with the regulations adopted under subsection (d) of this section;
(3) a police officer has demonstrated to the satisfaction of a judge of the Superior Court
that such officer has reason to believe that such person was operating a motor vehicle
while under the influence of intoxicating liquor or drug or both and that the chemical
analysis of such blood or urine sample constitutes evidence of the commission of the
offense of operating a motor vehicle while under the influence of intoxicating liquor or
drug or both in violation of subsection (a) of this section; and (4) such judge has issued a
search warrant in accordance with section 54-33a authorizing the seizure of the chemical
analysis of such blood or urine sample. Such search warrant may also authorize the
seizure of the medical records prepared by the hospital in connection with the diagnosis
or treatment of such injury.

      (l) Participation in victim impact panel program. If the court sentences a person
convicted of a violation of subsection (a) of this section to a period of probation, the
court may require as a condition of such probation that such person participate in a
victim impact panel program approved by the Court Support Services Division of the
Judicial Department. Such victim impact panel program shall provide a nonconfrontational forum for the victims of alcohol-related or drug-related offenses and offenders
to share experiences on the impact of alcohol-related or drug-related incidents in their
lives. Such victim impact panel program shall be conducted by a nonprofit organization
that advocates on behalf of victims of accidents caused by persons who operated a
motor vehicle while under the influence of intoxicating liquor or any drug, or both. Such
organization may assess a participation fee of not more than twenty-five dollars on any
person required by the court to participate in such program.

      (1963, P.A. 616, S. 1; February, 1965, P.A. 219; 1967, P.A. 612, S. 1; 1969, P.A. 450, S. 4; 1971, P.A. 318; 741; P.A.
73-253, S. 4; P.A. 75-308, S. 1; P.A. 76-6, S. 1, 2; P.A. 77-340, S. 8; 77-614, S. 323, 610; P.A. 80-438, S. 2, 3; P.A. 81-144, S. 1, 2; 81-446, S. 2; P.A. 82-408, S. 2; P.A. 83-63, S. 1-3; 83-534, S. 1; 83-571, S. 4; P.A. 84-198, S. 3, 7; 84-429,
S. 40; 84-546, S. 43, 173; P.A. 85-387, S. 1; 85-596, S. 1; P.A. 86-345; P.A. 88-85; 88-302; P.A. 89-110, S. 4; 89-314, S.
2, 5; P.A. 90-230, S. 21, 101; P.A. 91-407, S. 9, 42; P.A. 93-271, S. 2, 3; 93-302, S. 1-3; 93-371, S. 2, 4, 5; 93-381, S. 9,
39; P.A. 94-60; May 25 Sp. Sess. P.A. 94-1, S. 18, 130; P.A. 95-257, S. 12, 21, 58; 95-314, S. 1; P.A. 99-218, S. 3, 4, 16;
99-255, S. 1; P.A. 00-196, S. 49, 50; P.A. 01-201, S. 1; P.A. 02-70, S. 69; May 9 Sp. Sess. P.A. 02-1, S. 108; P.A. 03-265,
S. 1; 03-278, S. 47; P.A. 04-199, S. 31; 04-257, S. 101; P.A. 05-218, S. 28; June Sp. Sess. P.A. 05-3, S. 111; P.A. 06-147,
S. 1.)

      History: 1965 act added district roads to Subsec. (a); 1967 act prohibited operation of vehicle while under influence of
both liquor and intoxicating drug in Subsec. (a); 1969 act included in prohibition operation of vehicle on private roads
with established speed limits; 1971 acts included in prohibition operation of vehicle in parking area for ten or more cars,
reduced alcohol in blood level from 0.15% to 0.10% of alcohol and clarified evidential aspect of test results in Subsec.
(c)(2) and increased minimum fine from $100 to $150; P.A. 73-253 included in prohibition of Subsec. (a) operation of
vehicle on school property; P.A. 75-308 amended Subsec. (b)(4) to require testing of device at beginning and end of
workday rather than within 30 days of test and immediately after test administered; P.A. 76-6 included reference to amount
of drug in system under Subsec. (b) and to urine tests under Subsecs. (b) and (d); P.A. 77-340 replaced reference to Sec.
14-219 in Subsec. (a) with reference to Sec. 14-218a; P.A. 77-614 replaced commissioner and department of health with
commissioner and department of health services, effective January 1, 1979; P.A. 80-438 allowed administering of test by
emergency medical technician II; P.A. 81-144 amended Subsec. (b) to allow the department of health services to certify
individuals other than health services department personnel to check test devices for accuracy; P.A. 81-446 added the
requirements that two tests be performed, with the second test performed not less than 30 or more than 40 minutes after
the first test, and that evidence be presented which demonstrates that the test results accurately reflect the blood alcohol
content at the time of the alleged offense in Subsec. (b) and added Subsecs. (e) and (f) re participation in an alcohol
education and treatment program in lieu of the 2-day minimum mandatory sentence, and re violations charged to persons
arrested for a second or subsequent violation of section, with a blood alcohol ratio of at least 0.10% or more of alcohol at
the time of the alleged offense; P.A. 82-408 eliminated two test requirement in Subsec. (b), added provision in Subsec.
(e) re mandatory 2-day sentence if blood alcohol test indicates ratio of alcohol in blood was 0.20% or more of alcohol and
changed 2-day minimum mandatory sentence for second offenders to 30-day sentence served by performing community
service on fifteen weekends, such service to be approved by office of adult probation, amended Subsec. (f) by changing
"in lieu of" to "in addition to" and eliminated consent and payment requirement for participation and added Subsec. (h)
providing for 24-hour revocation of license by arresting police officer; P.A. 83-63 amended Subsec. (b) to allow test reports
to be personally delivered to the defendant by the close of the next business day, if later than 24 hours and authorized the
performance of such tests by persons recertified by persons certified by the commissioner of health services and amended
Subsec. (d) to provide regulations for annual recertification of operators; P.A. 83-534 inserted a new Subsec. (b) re operation
while impaired, amended Subsec. (c) to permit the test result to be "personally delivered" to the defendant within 24 hours
"or by the end of the next regular business day", whichever is later, and to provide that the initial test results will not be
excluded if the police made reasonable efforts to have an additional test performed but it was not performed within a
reasonable time, amended Subsec. (d) to specify the blood alcohol content that constitutes impairment, inserted a new
Subsec. (f) re the admissibility into evidence of a defendant's refusal to submit to a test, inserted a new Subsec. (g) re a
prohibition on reducing, nolleing or dismissing the charge, inserted a new Subsec. (h) to replace former penalties for
operation while under the influence with new penalties, inserted a new Subsec. (i) re the penalty for operating while
impaired, inserted a new Subsec. (j) re the suspension of the operator's license of a person found guilty of operating while
under the influence, and relettered the intervening and remaining subsections accordingly; P.A. 83-571 amended new
Subsec. (h) to increase the period of license suspension provided in P.A. 83-534 from 6 months to 1 year for a first offense
and from 1 year to 2 years for a second offense; P.A. 84-198 amended Subsec. (f) by replacing "the case" with "a case
involving a violation of subsection (a) of this section"; P.A. 84-429 rephrased provisions and made other technical changes
in Subsecs. (a) and (b); P.A. 84-546 made technical change in Subsec. (i); P.A. 85-387 amended Subsec. (h) to increase
the penalty for a first violation by mandating a term of imprisonment, 48 consecutive hours of which may not be suspended
or reduced on any manner, or a term of 100 hours of community service, to increase the minimum mandatory penalty for
a second violation from 48 consecutive hours to 10 days, to increase the minimum mandatory penalty for a third violation
from 30 to 120 days, and to provide that a second, third, fourth or subsequent violation is one which occurs within 5 years
after a prior conviction for the same offense; P.A. 85-596 amended Subsec. (a) to add provision that person commits
offense of operating a motor vehicle while under the influence "while the ratio of alcohol in the blood of such person is 0.10%
or more of alcohol, by weight", amended Subsec. (c) to provide that the defendant be afforded a reasonable opportunity to
telephone an attorney prior to the performance of the test and that the test be performed by or at the direction of a police
officer, to make an additional test mandatory rather than optional, to insert "and the analysis thereof" in Subdiv. (6) and
to delete the requirement that additional competent evidence be presented bearing on the question of whether or not the
defendant was under the influence, amended Subsec. (d) to replace provisions concerning the weight to be given to evidence
of certain percentages of blood-alcohol content with provision that in prosecution for violation of Subsec. (a)(1) such
evidence shall be admissible only at the request of the defendant, and amended Subsec. (h) to provide that a conviction
under either Subdiv. (1) or (2) of Subsec. (a) constitutes a prior offense; P.A. 86-345 added Subsec. (m) re the seizure,
admissibility and competency of evidence derived from a chemical analysis of a blood sample taken from an injured
operator at a hospital; P.A. 88-85 amended Subsec. (c)(4) to require that the device be checked for accuracy immediately
before and after the test was performed rather than at the beginning of each workday and no later than the end of each
workday; P.A. 88-302 amended Subsec. (h) to provide that the performance of community service for conviction of a first
violation is to be as a condition of probation imposed in connection with a sentence to a term of imprisonment of not more
than six months with the execution of such sentence of imprisonment suspended entirely; P.A. 89-110 amended Subsec.
(h) to make a technical change in Subdiv. (2) and to provide that for purposes of the penalty for a subsequent offense after
a prior conviction for the same offense a conviction under Sec. 53a-56b or 53a-60d constitutes a prior conviction for the
same offense; P.A. 89-314 amended Subsec. (h) to insert "consecutive" in Subdivs. (2) and (3) and deleted Subsec. (l) re
the 24-hour revocation by the arresting police officer of the license of a person with a blood alcohol concentration of 0.10%
or more, and relettered the remaining Subsec. accordingly; P.A. 90-230 made technical change in Subsec. (e); P.A. 91-407 amended Subsec. (l)(2) by adding "a resident physician or intern in any hospital in this state" and made technical
change in Subsec. (l)(3); P.A. 93-271 amended Subsec. (e) to provide that regulations shall not require recertification of
a police officer solely because he transfers from one law enforcement agency to another, effective June 29, 1993; P.A. 93-302 amended Subsecs. (c) and (l) by adding phlebotomists to the list of persons qualified to take blood samples and added
Subsec. (m) defining "phlebotomist"; P.A. 93-371 amended Subsec. (c)(6) to require that evidence be presented "that the
test was commenced within two hours of operation" rather than that evidence be presented "which demonstrates that the
test results and analysis thereof accurately reflect the blood alcohol content at the time of the alleged offense" and to add
provision establishing a rebuttable presumption that the results of the chemical analysis indicate the blood alcohol ratio at
the time of the alleged offense and requiring additional evidence be presented when the results of the additional test indicate
a blood alcohol ratio of 0.12% or less and is higher than the results of the first test and added Subsec. (j)(3) re the period
of suspension for a person who, at the time of the offense, was operating under a special operator's permit issued pursuant
to Sec. 14-37a, effective July 1, 1993; P.A. 93-381 replaced department and commissioner of health services with department and commissioner of public health and addiction services, effective July 1, 1993; P.A. 94-60 amended Subsec. (l) to
authorize the taking of a blood sample "at the scene of the accident" or "while en route to the hospital" rather than only
"at a hospital", to delete the requirement in Subdiv. (1) that the blood sample be taken "in the regular course of business
of the hospital" and to make a technical change in Subdiv. (2); May 25 Sp. Sess. P.A. 94-1 made technical change,
effective July 1, 1994; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with
Commissioner and Department of Public Health, effective July 1, 1995; P.A. 95-314 amended Subsec. (c)(5) to allow an
additional chemical test of a different type to be performed if requested by the police officer for reasonable cause, amended
Subsec. (d) to eliminate reference to drugs, and amended Subsec. (h)(2) to (4), inclusive, to provide that a second, third,
fourth or subsequent violation is one which occurs within 10 years, in lieu of 5 years, after a prior conviction for the same
offense; P.A. 99-218 amended Subsecs. (c) and (e) by replacing the Department and Commissioner of Public Health with
the Department and Commissioner of Public Safety and by making technical changes, effective July 1, 1999; P.A. 99-255
amended Subsec. (a) to replace the prohibition in Subdiv. (2) of operating a motor vehicle "while the ratio of alcohol in
the blood of such person is 0.10% or more of alcohol, by weight" with "while such person has an elevated blood alcohol
content" and added definition of "elevated blood alcohol content", amended Subsec. (c)(3) to require that the test be
performed "in accordance with the regulations adopted under subsection (e) of this section", replacing provisions that
required the test be performed by persons certified or recertified by the Department of Public Health or recertified by
persons certified as instructors by the commissioner of said department and that required a blood test be taken by a physician,
phlebotomist, qualified laboratory technician, emergency medical technician II or registered nurse, and amended Subsec.
(c)(4) to require that the device was checked for accuracy "in accordance with the regulations adopted under subsection
(e) of this section" rather than "immediately before and after such test was performed by a person certified by the Department
of Public Health", amended Subsec. (e) to make provisions applicable to methods and types of devices for the "analysis"
of blood, breath and urine and to replace provision that required the Commissioner of Public Health to adopt regulations
"governing the conduct of chemical tests, the operation and use of chemical test devices, and the training, certification and
annual recertification of operators of such devices" with provision that required the "Commissioner of Public Safety, in
consultation with the Commissioner of Public Health" to adopt 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", amended Subsec. (h) to increase the penalties for a second violation by
increasing the fine from not less than $500 nor more than $2,000 to not less than $1,000 nor more than $4,000, increasing
the term of imprisonment from a maximum of 1 year with a nonsuspendable period of 10 consecutive days to a maximum
of 2 years with a nonsuspendable period of 120 consecutive days, adding the requirement that the person perform 100
hours of community service as a condition of probation, and increasing the license suspension from 2 years to "three years
or until the date of such person's twenty-first birthday, whichever is longer", to increase the penalties for a third and
subsequent violation by deleting former Subdiv. (3) that had specified penalties for a third violation, renumbering former
Subdiv. (4) as Subdiv. (3), amending said Subdiv. (3) to make the penalties applicable to a "third and subsequent violation"
rather than a "fourth and subsequent violation" and add requirement that the person perform 100 hours of community
service as a condition of probation, and to add provision that "a conviction in any other state of any offense the essential
elements of which are determined by the court to be substantially the same as subdivision (1) or (2) of subsection (a) of
this section or 53a-56b or 53a-60d" constitutes a prior conviction, amended Subsec. (i) to change the penalty from an
infraction to a fine of not more than $200, amended Subsec. (j) to replace provisions of Subdiv. (1) requiring that the
suspension take effect immediately upon the expiration of the appeal period, providing that the suspension is stayed during
the appeal and requiring the defendant to send his license or nonresident operating privilege to the department when the
suspension takes effect, with new provisions requiring each court to report each conviction to the department and requiring
the commissioner to suspend the license or nonresident operating privilege for the time period required by Subsec. (h), to
add Subdiv. (4) requiring the license of a convicted person to indicate that such person is an at-risk operator and defining
"at-risk operator" and to add Subdiv. (5) providing that the suspension by the commissioner is stayed during the pendency
of an appeal of a conviction, amended Subsec. (l) to make provisions applicable to evidence from an analysis of a urine
sample from the injured operator, to require in Subdiv. (2) that the blood sample was taken "in accordance with regulations
adopted under subsection (e) of this section" rather than "by a person licensed to practice medicine in this state, a resident
physician or intern in any hospital in this state, a phlebotomist, a qualified laboratory technician, an emergency medical
technician II or a registered nurse", and to add provision that the search warrant may also authorize the seizure of medical
records prepared by the hospital in connection with the diagnosis or treatment of such injury, deleted former Subsec. (m)
defining "phlebotomist", and made technical changes for purposes of gender neutrality; P.A. 00-196 made technical changes
in Subsecs. (h) and (l); P.A. 01-201 added Subsec. (m) to authorize the court to require participation in a victim impact panel
program as a condition of probation; P.A. 02-70 amended Subsec. (j)(1) by adding provision requiring that commissioner
determine the applicable suspension period based on the number of convictions on the person's driving history record,
notwithstanding the sentence imposed by the court for such conviction, deleting former Subdiv. (4) re mandatory indication
of "at-risk operator" on reverse side of operator's license and redesignating existing Subdiv. (5) as Subdiv. (4), effective
July 1, 2002; May 9 Sp. Sess. P.A. 02-1 amended Subsec. (a) to reduce ratio of alcohol in blood from 0.10% to 0.08% or more
of alcohol in definition of "elevated blood alcohol content" and eliminated from such definition Subpara. (A) designator and
provisions of Subpara. (B) "if such person has been convicted of a violation of this subsection, a ratio of alcohol in the
blood of such person that is 0.07% or more of alcohol, by weight", deleted former Subsecs. (b) and (i) re offense of operation
while impaired and fine for violation, redesignated existing Subsecs. (c) to (h) as Subsecs. (b) to (g) and existing Subsecs.
(j) to (m) as Subsecs. (h) to (k),amended redesignated Subsec. (d) to eliminate reference to Commissioner of Public Health
in adopting regulations re chemical tests, and made technical changes throughout, effective July 1, 2002; P.A. 03-265
amended Subsec. (g)(2)(C) to designate existing provision re duration of suspension as clause (i) and to add clause (ii) re
license suspension of 1 year followed by a prohibition for 2 years on operating a motor vehicle unless the motor vehicle
is equipped with an ignition interlock device if the person is convicted of a violation of Subsec. (a)(1) on account of being
under the influence of intoxicating liquor or of Subsec. (a)(2); P.A. 03-278 made technical changes in Subsec. (g), effective
July 9, 2003; P.A. 04-199 made a technical change in Subsec. (g), added new Subsec. (i) re installation of an ignition
interlock device and redesignated existing Subsecs. (i) to (k) as new Subsecs. (j) to (l), respectively, effective July 1, 2004;
P.A. 04-257 made a technical change in Subsec. (g), effective June 14, 2004; P.A. 05-218 amended Subsec. (i) by inserting
"passenger" re motor vehicle and removing provision re no enrollment in treatment program or obtained waiver in Subdiv.
(1), deleting former Subdiv. (2) re condition rendering person incapable of safely operating a motor vehicle, redesignating
existing Subdivs. (3) to (6) as new Subdivs. (2) to (5) and, in new Subdiv. (4), inserting "for any other reason"; June Sp.
Sess. P.A. 05-3 amended Subsec. (i)(1) by deleting the word "passenger" added by P.A. 05-218; P.A. 06-147 amended
Subsec. (a) to delete requirement that the motor vehicle be operated on public highway of state or on road of specified
district organized under the provisions of chapter 105 or on private road on which a speed limit has been established
pursuant to Sec. 14-218a or in parking area for ten or more cars or on school property, and defined "motor vehicle" to
include snowmobiles and all-terrain vehicles.

      See Sec. 14-111(b), (h), (k) re suspension or revocation of operator's license.

      See Sec. 14-111g re operator's retraining program.

      See Sec. 14-112(a) re proof of financial responsibility.

      See Sec. 14-219b re limitation of municipal liability.

      See Sec. 14-227b re implied consent to blood, breath or urine tests.

      Annotations to former section:

      That plaintiff was driving while intoxicated would not bar him from recovering damage for an injury caused by defendant's negligence. Such intoxication must have been a proximate cause of the injury. 89 C. 403. See also 93 C. 102; 108
C. 216. Certified copy of prior conviction for "driving under the influence of liquor or drugs", although in alternative,
admissible to prove accused a second offender. 124 C. 664. Questions asked of lay witness as to whether accused was
intoxicated, properly admitted. Id., 667. Questions asked of expert witnesses, while closely approximating test to determine
if one is guilty of driving under influence, admissible as opinion as to accused's condition. Id., 668. Evidence only that
defendant was intoxicated when found in middle of front seat of stationary car, insufficient to support conviction of driving
under influence. 129 C. 483. But testimony by witness that he saw defendant operate is not essential if there is circumstantial
evidence which affords basis of inference of guilt beyond a reasonable doubt. 130 C. 563. Cited. 140 C. 39; 144 C. 241.
On charge of operating while under the influence of liquor only applicable portion of the statute should be read to jury.
145 C. 304. Evidence that defendant was found intoxicated, sitting in stationary, damaged car, held insufficient to convict
for driving under the influence of liquor. 147 C. 502. Cited. 149 C. 728. In civil action defendant driver's admission of
intoxication does not preclude the possibility of his being liable for wanton misconduct. 151 C. 506.

      Court required to impose sentence of sixty consecutive days; it cannot direct that sentence be served in installment
periods. 9 CS 460. Legislature intended statute to apply even though violation occurred elsewhere than on a public highway;
history of section reviewed. 16 CS 357. Verdict of guilty on charge of operating under the influence sustained where proof
wholly consistent with defendant's guilt and inconsistent with any other rational conclusion. 18 CS 367. One accused of
being a second offender, in order to be given a heavier penalty, must be presented in an information in two parts, the first
setting out the particular offense and the second the former conviction. 20 CS 105. Assumption of risk is not a defense
where the injury allegedly arose from breach by defendant of statutory obligation not to operate motor vehicle while under
influence of liquor. 22 CS 225. Cited. 23 CS 136, 272, 358. Cited. 24 CS 46, 236, 267, 319. Trial court may admit in
evidence, to establish a prior conviction of defendant, a certified copy of his "operator's driving history". Id., 360.

      Even if defendant's state was one of pathological intoxication, induced by a minute amount of alcohol, he could be
found guilty. 2 Conn. Cir. Ct. 45. Cited. Id., 58. There can be conviction for operation in parking lot. Id., 79. Operation
can be proved by circumstantial evidence. Id., 221. McDonough case, 129 C. 483, distinguished. Id. Cited. Id., 412.
Drunkenness may be found from lay observations of defendant without clinical tests. Id., 481. Where police officer observed
doctor examine defendant, his testimony regarding the examination is admissible since nonexpert evidence may rest on
facts acquired through the use of witnesses' senses. Id., 499. Cited. Id., 569, 571. Operating a motor vehicle within the
meaning of this statute includes the intentional doing of any act or making use of any mechanical or electrical agency
which alone or in sequence will set in motion the motive power of the vehicle. Id., 606, 607. What constitutes "operation"
of motor vehicle. Id., 661. An essential element of proof in affirmatively establishing defendant's guilt as a second offender
is his identification as the person named in the record of prior conviction. Mere proof of identity of names is insufficient
to establish prima facie the identification. Id., 692, 693. Cited. 3 Conn. Cir. Ct. 343; Id., 347. Proof defendant drove on
public highway necessary for conviction under statute; testimony that defendant was only person near car after car crashed
off public highway down embankment was sufficient. Id., 380. Where defendant was found by police officer asleep in his
car with the motor running, held that, since circumstantial evidence which affords the basis for an inference of guilt beyond
a reasonable doubt may be sufficient to convict, court correctly refused to charge jury that, if defendant was asleep when
officer came upon him, jury could not find defendant was operating car within meaning of statute. Id., 475, 476. Competent
evidence of any nature, in addition to a breath or blood test, may be relied on to prove insobriety. Id., 478, 479. Absence
of clinical findings or chemical tests did not prevent the trial court from properly concluding, on the basis of testimony by
witnesses, that the accused was intoxicated. Id., 514. For the results of a breath test to be admissible evidence, there must
be reasonable assurance the sample analyzed was the one taken from the accused. 4 Conn. Cir. Ct. 121. Compliance with
request to perform certain sobriety tests (not enumerated here) not an intrusion on constitutional rights, since no verbal
act on defendant's part was involved. Id., 195. Cited. Id., 500; Id., 520.

      Annotations to present section:

      Cited. 154 C. 100. As a minor of sixteen may be held accountable under this statute for operating a motor vehicle while
he is intoxicated, he will be held accountable for deciding to consume liquor also. Id., 648. Where defendant in intoxicated
condition was found slumped over driving wheel of car stopped in middle of country road at night, jury could reasonably
have concluded defendant was driver of car. 158 C. 117. Cited. 159 C. 547. Cited. 161 C. 200. Cited. 170 C. 140, 142.
Cited. 174 C. 112, 115. Police officer's failure to enforce this statute discussed. 187 C. 147 (Diss. Op.). Court held that
amendments in public acts 85-387 and 85-596 entitled to concurrent effect. 199 C. 667. Cited. 200 C. 1; Id., 102; Id., 615.
Cited. 203 C. 97, 98. Cited. 204 C. 507, 514. Phrase "may not be suspended or reduced in any manner" applies to actions
of commissioner of correction as well as those of sentencing court. 207 C. 412. Application of section to public parking
area discussed. Judgment of appellate court in 11 CA 644 reversed. Id., 612. Cited. 210 C. 446; Id., 573. Cited. 213 C. 74.
Corroboration role in relation to crime that is conduct oriented discussed. State v. Tillman corpus delicti rule not applicable.
(152 C. 15). 215 C. 189. Cited. 219 C. 752. Cited. 222 C. 672. Cited. 224 C. 29; Id., 730. Cited. 225 C. 921. Cited. 226 C.
191. Cited. 228 C. 758. Cited. 229 C. 31; Id., 51; Id., 228; Id., 824. Cited. 230 C. 572. Cited. 233 C. 524. Cited. 235 C.
614. Cited. 236 C. 18.

      Cited. 4 CA 461. Cited. 9 CA 686. Cited. 10 CA 265. Cited. 11 CA 122; Id., 338; Id., 342. Cited. 12 CA 294; Id., 338.
Cited. 16 CA 156; Id., 165; Id., 172; Id., 358; Id., 472; Id., 497. Cited. 17 CA 100; Id., 376; Id., 827. Cited. 18 CA 602.
Cited. 19 CA 594. Cited. 20 CA 348; Id., 691. Cited. 21 CA 138; Id., 210. Statute constitutes a "criminal law" within
meaning of conditions of probation. 22 CA 108. Cited. Id., 142. Cited. 25 CA 605. Cited. 26 CA 101; Id., 331; Id., 716;
Id., 805. Cited. 27 CA 225; Id., 346; Id., 370. Cited. 28 CA 733. Cited. 29 CA 512; Id., 582. Cited. 30 CA 36; Id., 108;
Id., 428; Id., 917. Cited. 31 CA 669; Id., 797. Cited. 32 CA 553. Cited. 33 CA 107; Id., 242; Id., 501. Cited. 34 CA 557;
Id., 655. Cited. 36 CA 76; Id., 710. Cited. 38 CA 8; judgment reversed, see 236 C. 18; Id., 661. Cited. 39 CA 11. Cited.
40 CA 359. Cited. 41 CA 874. Cited. 44 CA 40; Id., 702. Cited. 45 CA 12; Id., 102; Id., 225; Id., 577; Id., 722; Id., 804.
Court rejected defendant's claim that statute is void for vagueness because an ordinary person has no ascertainable method
for measuring his or her own blood alcohol level. 48 CA 635. Because defendant was charged with violation of both
Subdivs. (1) and (2) of Subsec. (a), intoxilyzer results are admissible without defendant's request and are necessary to
prove a violation of Subsec. (a)(2) pursuant to Subsec. (c). 51 CA 4. To establish probable cause, there must be a temporal
nexus between the operation of a motor vehicle and the driver's being under the influence of liquor or drugs. 54 CA 127.
Detention at roadside sobriety checkpoint did not constitute unreasonable seizure or violate defendant's due process rights.
56 CA 252. Pursuant to Sec. 54-193(b), charged violations of section were subject to a one-year limitations period because
they were not punishable by a term of imprisonment of more than one year. 61 CA 90. There was substantial evidence that
police had probable cause to believe that plaintiff had violated section where plaintiff had slurred speech, bloodshot eyes,
smelled of alcohol, admitted he had been drinking beer and police found empty beer bottles in automobile; administration
of field sobriety tests and subsequent results are not required by statute and are not dispositive in finding probable cause
to arrest for driving while intoxicated. 62 CA 571. Nothing in section prohibits evidence of consciousness of guilt based
on defendant's refusal to take a breath test being considered in prosecution for assault in the second degree with a motor
vehicle under Sec. 53a-60d. 63 CA 433. Arresting officer properly permitted to offer expert testimony on defendant's
intoxication. 68 CA 119. To convict defendant of operating motor vehicle while under the influence of drugs pursuant to
section, the state must prove beyond a reasonable doubt that defendant operated his motor vehicle on a public highway
while under the influence of intoxicating liquor or drugs or both. 79 CA 657. Section, as applied to defendant, does not
violate ex post facto clause because it did not result in a second punishment for previous convictions, but rather enhanced
current conviction on the basis of defendant's status as repeat offender. Also, section does not violate such clause given
that defendant was effectively put on notice of changes to the statute, and therefore he is precluded from relying on previous
five-year look back period to prove that state's burden of proof was reduced or that he was deprived of a defense. 80 CA
589. Because all the evidence submitted to court was consistent with court's finding that defendant had been operating a
motor vehicle while under the influence of intoxicating liquor, court had sufficient evidence to convict defendant of that
offense. 93 CA 200. Starting car using a remote starter not considered first act to put vehicle in motion if person does not
have the keys with him or her in the vehicle or if the whereabouts of the keys is unknown. 101 CA 709. Informant's report
of erratic driver exhibited sufficient indicia of reliability to justify Terry stop of driver for operating a motor vehicle under
the influence of intoxicating liquor, even though the police officer neither observed the errant driver nor knew informant's
name. 103 CA 646.

      Where sample of blood was taken from defendant when he was unconscious in a hospital and could not consent, the
results of the test of his blood are not admissible in evidence since such taking was in violation of his constitutional rights
and was not authorized by this section or Sec. 14-227b. 26 CS 40. The word "test" refers to the chemical analysis of a
sample of blood and not to a series of samples from different individuals. 32 CS 611. Cited. 33 CS 501; Id., 697. Cited.
34 CS 514. Cited. 35 CS 511. Where information charging violation referred to former statute, incorrect reference was an
amendable defect and defendant was not misled or prejudiced by the error or placed in double jeopardy by the granting of
the amendment. Id., 282. Violation is crime for purposes of defendant's eligibility for pretrial accelerated rehabilitation.
36 CS 527. Cited. Id. Cited. 37 CS 767; Id., 834; Id., 864. Cited. 38 CS 675; Id., 689. Cited. 39 CS 285. Cited. 40 CS 505;
Id., 512. Cited. 42 CS 306; Id., 602. Cited. 43 CS 77.

      Road controlled and maintained by town qualifies as a "public highway". 3 Conn. Cir. Ct. 513. Where accused was
found alone in his car with engine running and wheels spinning in loose gravel, trial court could correctly find he was
"operating" the car. Id., 514. Instructions to the jury were not prejudicial to the defendant when correction concerning the
testimony of the state toxicologist was made by a supplemental charge. 4 Conn. Cir. Ct. 578. Where the penalty imposed
is within the limits fixed by statute, it will not be disturbed on appeal unless there was an abuse of discretion. 5 Conn. Cir.
Ct. 228. Cited. 6 Conn. Cir. Ct. 130; 261; 263. The six conditions precedent apply only in cases of operation under influence
of liquor and not drugs. Id., 303. State must prove that defendant charged with driving under the influence of liquor was
exclusively under influence of liquor and not drug or drugs and liquor. Id, 364. Refusal to submit to a chemical sobriety
test is inadmissible. Id., 470, 474, 475. Cited. Id., 503.

      Subsec. (a):

      Cited. 179 C. 377. Cited. 203 C. 305. Cited. 204 C. 521. Cited. 209 C. 806. Cited. 211 C. 389. Cited. 216 C. 172. Cited.
226 C. 470, 472. Subdiv. (1) cited. 227 C. 534. Subdiv. (1) cited. 231 C. 926; 233 C. 302. Administrative suspension of
operator's license does not bar prosecution for violation of this section. 235 C. 614. Defendant's act of inserting key into
ignition, regardless of whether key was turned, constituted operation of a motor vehicle. 279 C. 546.

      Cited. 11 CA 185; Id., 644. Cited. 12 CA 427. Cited. 14 CA 216. Cited. 15 CA 58. Cited. 17 CA 209; Id., 250. State
not required to prove that defendant intended to move vehicle in order to prove operation under the statute. 22 CA 88.
Intent to move a vehicle not an element of operation of a motor vehicle while under the influence in violation of section.
24 CA 467. Subdiv. (2) cited. 25 CA 282. Cited. 27 CA 461. Subdiv. (1) cited. 28 CA 708. Subdiv. (1) cited. 29 CA 455.
Subdiv. (2) cited. Id. Cited. 30 CA 742. Cited. 33 CA 590. Cited. 34 CA 189; Id., 201. Subdiv. (1) cited. 35 CA 631.
Subdiv. (2) cited. Id. Cited. 36 CA 463. Cited. 40 CA 420. Subdiv. (1) cited. 41 CA 7. Cited. 42 CA 10; Id., 589. Cited.
46 CA 633. Proof of operation on public highway is question of fact and defendant Commissioner of Motor Vehicles made
reasonable factual finding of such operation in case in which plaintiff was found seated in the driver's seat with seat belt
on in his car on the shoulder of an interstate highway and the engine of the car was running. 48 CA 552. A person operates
a motor vehicle when in the vehicle he intentionally does any act or makes use of any mechanical or electrical agency
which alone or in sequence will set in motion the motive power of the vehicle. 50 CA 34. Defendant who was found
unconscious behind wheel of car while engine was running could be deemed to have operated the vehicle for purposes of
sustaining a conviction under the section. 51 CA 782. Where defendant was found intoxicated, in the vehicle with the
engine running and in a position to control the vehicle's movement, conviction under this section was upheld. 60 CA 551.
Evidence that defendant failed field sobriety tests and testimony of state toxicologist was sufficient to sustain conviction
under section. 71 CA 497. It is inconceivable that legislature's broad umbrella of protection would insulate intoxicated
persons from drunk driving laws pursuant to this subsec. because the parking area did not have zoning approval for ten or
more spaces; thus, a nine space parking lot that regularly accommodates and is used by ten or more cars satisfies requirements
of statute. 76 CA 716. For purposes of finding violation under Subdiv. (1), the state of being under the influence of
intoxicating liquor is not a fact on which the state is required to present expert testimony. 84 CA 519. A conviction under
Subdiv. (1) is not inconsistent with an acquittal under Subdiv. (2). 98 CA 847. Defendant's action of inserting key into
vehicle ignition is an act which alone or in sequence set in motion the vehicle's motive power and constituted operation
of a motor vehicle within the meaning of subsec. 102 CA 241. Trial court properly allowed defendant's statements as to
his alcohol consumption and the results of field sobriety tests. Police officer did not lack a reasonable, articulable suspicion
to continue his investigation. 110 CA 41.

      Subsec. (b):

      Cited. 208 C. 812. Cited. 211 C. 389.

      Court declined "to formulate or adopt a behavioral definition of driving while impaired". 14 CA 216. Cited. 15 CA 58.
Cited. 41 CA 7. Chemical analysis evidence of alcohol level not required to be reported as a percentage of weight and can
be reported by volume and equipment that performed test must be approved by Department of Public Safety but is not
required to satisfy criteria of regulations. 99 CA 563. State is required to establish as foundation for admissibility of
chemical analysis evidence that test was performed with equipment approved by Department of Public Safety; it does not
require that device satisfy criteria set forth in regulations. 106 CA 189.

      Subdiv. (5) contains condition precedent to introduction of evidence concerning amount of alcohol in defendant's
system as shown by chemical analysis of breath, i.e. that he be afforded additional chemical test. 34 CS 679. Requirements
of this subsection apply only to prosecutions for violations of Subsec. (a) of this section, not to prosecutions under Sec.
53a-58a. 35 CS 511. Cited. 37 CS 767. Subdiv. (5) cited. 38 CS 689.

      Subdiv. (1): Defendant did not lack legal capacity to consent to the test merely because he was under a probate court
conservatorship of his person and estate. 3 Conn. Cir. Ct. 47. Subdiv. (4): Defendant's claim that syringe used by physician
to extract blood sample was a device used for the test and therefore had to be checked for accuracy had no merit. Id., 48.
Subdiv. (4): Device referred to in Subdiv. is analysis equipment and not equipment used to collect blood sample. 5 Conn.
Cir. Ct. 326.

      Subsec. (c):

      Subdiv. (3) cited. 180 C. 252. Cited. 229 C. 31.

      Cited. 12 CA 427. Cited. 17 CA 209; Id., 250. P.A. 93-371, Sec. 2 cited. 41 CA 874. Rebuttable presumption as a
permissive inference discussed. Id. P.A. 85-596 cited. Id. Cited. 42 CA 10; Id., 589. "Rebuttable presumption" under
statute defined as a "permissive inference". 48 CA 391. Based on the stipulated facts and inferences thereon, trial court
reasonably concluded that the urine tests were commenced within two hours of operation as required by the section. 51
CA 790. Although jury instructions used rebuttable presumption language of statute, such instructions were harmless since
court also instructed jury re reasonable inferences and provided examples. 71 CA 179.

      Cited. 34 CS 679.

      Subsec. (d):

      Does not proscribe admission of evidence that fails to satisfy regulatory requirements. 263 C. 390.

      Subdiv. (3) cited. 14 CA 216. Cited. 35 CA 631. Use of alcohol testing device measuring weight of alcohol per volume
of breath rather than weight of alcohol per weight of blood as required by regulation did not require preclusion of test
results, because Subsec. permits testing other than blood testing and does not require that testing device comply with
regulatory requirements. 105 CA 59.

      Subsec. (e):

      Court's instruction that jury "may make any reasonable inference" was permissible with respect to defendant's refusal
to submit to a Breathalyzer test. 84 CA 519.

      Subsec. (f):

      Cited. 204 C. 521.

      Cited. 14 CA 216. Cited. 28 CA 708. Not unconstitutionally vague under U.S. Constitution as applied to defendant. 41
CA 7. Jury was not misled when trial judge's instructions identified a permissive inference and substantially complied
with statutory language; applicability of possible negative inference not limited to violation of Subsec. (a)(1). 63 CA 433.

      Subsec. (g):

      Trial court has clear duty under Subsec. to adjudicate second part of two part information in all cases in which information
filed. 271 C. 115. Is constitutional and does not violate defendant's right to have a jury decide questions of fact as the
question of whether New York's and Connecticut's drunk driving statutes are substantially similar is a question of law
properly left to the court. 276 C. 503.

      Imposition of enhanced penalties for third time offense under subsection requires only third violation of Subsec. (a),
and does not require previous conviction as second time offender. 90 CA 177.

      Subsec. (h):

      Subdiv. (3): Enhanced penalties apply to third conviction when only one of two prior convictions occurred within five
years of the present conviction. 210 C. 573. Cited. 221 C. 716. Subdiv. (3) cited. 234 C. 918. Subdiv. (3) imposes enhanced
penalties on those whose third violation of Sec. 14-227a(a) occurs within the five-year period, regardless of when that
conviction occurs; judgment of appellate court in State v. Burns, 38 CA 8, reversed. 236 C. 18.

      Cited. 7 CA 748. Person sentenced to mandatory minimum sentence not entitled to "good time credit" or "employment
credit". 17 CA 827. Administrative suspension of driver's license by Department of Motor Vehicles and prosecution by
the court of underlying offense of driving while intoxicated does not violate separation of powers provision of state
constitution. 51 CA 4. Statute providing for imposition of enhanced penalties when a person is convicted of a third offense
of operating a motor vehicle while under the influence of intoxicating liquor within ten years of prior conviction of the
same offense does not require that the third conviction be within ten years of all prior convictions. 70 CA 565.

      Subsec. (j):

      Cited. 7 CA 748. Requirement of a search warrant does not eliminate consent as a means of securing test results. 65
CA 634.

      Subsec. (l):

      Cited. 42 CA 589. Does not govern admissibility of blood alcohol tests taken at out-of-state hospitals and is permissive
in nature. 57 CA 484. Court satisfied that hospital's internal policy of having registered nurse draw blood from patients
who are admitted and fact that emergency room was staffed with two registered nurses show that requirements of subsection
have been met. 61 CA 90.