DUI-BREATHALYZER TEST RESULTS AND COURT APPEARANCE

 Whether someone has to appear in court if he is arrested for driving under the influence (DUI) and the breathalyzer test the police administer after the arrest shows a zero blood alcohol content (BAC) or a BAC below the legal limit. Our office is not authorized to give legal opinions and this should not be considered one.

SUMMARY

Apparently, someone arrested for DUI must appear in court even if the breathalyzer test the police administer at the police station shows either a low or a zero BAC. The DUI law does not give police the explicit authority to in effect "unarrest" someone based on the breathalyzer test results.

Moreover, someone could still be found guilty of violating the DUI law even if his BAC was below the legal limit or even zero. This is because the DUI law makes it illegal for people to operate a motor vehicle if their ability to drive has been affected by alcohol or drugs or both to an appreciable degree. Thus, someone might have a BAC below the threshold the law establishes but still be affected to an appreciable degree. The conviction of such a person would depend on evidence independent of or in addition to the BAC such as the arresting officer's observation of the person's driving, demeanor, and behavior.

In fact, the law contemplates that on occasion an arrested person's BAC might be below the legal threshold or even zero. Under such circumstances, the law authorizes the police to require the motorist to submit to a blood or urine test (CGS §14-227 (a) (c)). These tests can detect the presence of drugs in the arrested person's blood; the breathalyzer only measures alcohol. But unlike the breathalyzer, which gives an instant result, blood or urine test results are not available for weeks.

DRIVING UNDER THE INFLUENCE-DUI

By law, operating a motor vehicle while under the influence of alcohol or drugs or both is a criminal offense (CGS §14-227a (a)). The state may prosecute this offense with or without any direct evidence of a person's BAC. The determinative issue is whether the driver has become so affected in his mental, physical or nervous processes that he lacks to an appreciable degree the ability to function properly in relation to operation of his vehicle (Infeld v. Sullivan 151 Conn. 506 (1964)). The offense is established when, because of alcohol or drugs, the motorist lacks to an appreciable degree the ability to function properly  

The law also makes it a crime to drive with an "elevated blood alcohol level". The law defines this as driving (1) with a BAC of .10% or more or (2) with a BAC of .07% or more if the accused person has a previous conviction for drunk driving, or (3) with a BAC of .02% or more for drivers under age 21.

Finally, the law makes it an infraction to drive with a BAC above .07% but less than .10% BAC but increases the fine to a maximum fine of $200. This charge can be processed through the Centralized Infractions Bureau which, among other things, allows fines to be paid by mail without a court appearance.

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