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General Assembly Substitute Bill No. 1082
January Session, 2023
AN ACT IMPLEMENTING THE RECOMMENDATIONS OF THE
DEPARTMENT OF TRANSPORTATION REGARDING A REDUCTION
IN BLOOD ALCOHOL LIMITS FOR IMPAIRED DRIVING AND
BOATING.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subsection (a) of section 14-227a of the general statutes is 1
repealed and the following is substituted in lieu thereof (Effective 2
January 2, 2024): 3
(a) No person shall operate a motor vehicle while under the 4
influence of intoxicating liquor or any drug or both. A person commits 5
the offense of operating a motor vehicle while under the influence of 6
intoxicating liquor or any drug or both if such person operates a motor 7
vehicle (1) while under the influence of intoxicating liquor or any drug 8
or both, or (2) while such person has an elevated blood alcohol content. 9
For the purposes of this section, "elevated blood alcohol content" 10
means a ratio of alcohol in the blood of such person that is [eight-11
hundredths] five-hundredths of one per cent or more of alcohol, by 12
weight, except that if such person is operating a commercial motor 13
vehicle, "elevated blood alcohol content" means a ratio of alcohol in the 14
blood of such person that is four-hundredths of one per cent or more 15
of alcohol, by weight, and "motor vehicle" includes a snowmobile and 16
all-terrain vehicle, as those terms are defined in section 14-379. For 17
purposes of this section, section 14-227b, as amended by this act, and 18 Substitute Bill No. 1082
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section 14-227c, (A) "advanced roadside impaired dr iving 19
enforcement" means a program developed by the National Highway 20
Traffic Safety Administration with the International Association of 21
Chiefs of Police and the Technical Advisory Panel, which focuses on 22
impaired driving enforcement education for police officers, or any 23
successor to such program; (B) "drug influence evaluation" means an 24
evaluation developed by the National Highway Traffic Safety 25
Administration and the International Association of Chiefs of Police 26
that is conducted by a drug recognition expert to determine the level of 27
a person's impairment from the use of drugs and the drug category 28
causing such impairment; (C) "drug recognition expert" means a 29
person certified by the International Association of Chiefs of Police as 30
having met all requirements of the International Drug Evaluation and 31
Classification Program; and (D) "nontestimonial portion of a drug 32
influence evaluation" means a drug influence evaluation conducted by 33
a drug recognition expert that does not include a verbal interview with 34
the subject. 35
Sec. 2. Subsection (n) of section 14-227b of the general statutes is 36
repealed and the following is substituted in lieu thereof (Effective 37
January 2, 2024): 38
(n) For the purposes of this section, "elevated blood alcohol content" 39
means (1) a ratio of alcohol in the blood of such person that is [eight-40
hundredths] five-hundredths of one per cent or more of alcohol, by 41
weight, (2) if such person is operating a commercial motor vehicle, a 42
ratio of alcohol in the blood of such person that is four-hundredths of 43
one per cent or more of alcohol, by weight, or (3) if such person is less 44
than twenty-one years of age, a ratio of alcohol in the blood of such 45
person that is two-hundredths of one per cent or more of alcohol, by 46
weight. 47
Sec. 3. Subsection (a) of section 14-227m of the general statutes is 48
repealed and the following is substituted in lieu thereof (Effective 49
January 2, 2024): 50 Substitute Bill No. 1082
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(a) No person shall operate a motor vehicle in which a child under 51
eighteen years of age is a passenger while such person (1) is under the 52
influence of intoxicating liquor or any drug or both, or (2) has an 53
elevated blood alcohol content. For the purposes of this section, 54
"elevated blood alcohol content" means a ratio of alcohol in the blood 55
of such person that is [eight-hundredths] five-hundredths of one per 56
cent or more of alcohol, by weight, except that if such person is 57
operating a commercial motor vehicle, "elevated blood alcohol 58
content" means a ratio of alcohol in the blood of such person that is 59
four-hundredths of one per cent or more of alcohol, by weight, and if 60
such person is under twenty-one years of age, "elevated blood alcohol 61
content" means a ratio of alcohol in the blood of such person that is 62
two-hundredths of one per cent or more of alcohol by weight; and 63
"motor vehicle" includes a snowmobile and all-terrain vehicle, as those 64
terms are defined in section 14-379. 65
Sec. 4. Subsection (a) of section 14-227n of the general statutes is 66
repealed and the following is substituted in lieu thereof (Effective 67
January 2, 2024): 68
(a) (1) No person shall operate a school bus, student transportation 69
vehicle or other motor vehicle specially designated for carrying 70
children while such person (A) is under the influence of intoxicating 71
liquor or any drug or both, or (B) has an elevated blood alcohol 72
content. 73
(2) No person shall operate a school bus, student transportation 74
vehicle or other motor vehicle specially designated for carrying 75
children in which a child under eighteen years of age is a passenger 76
while such person (A) is under the influence of intoxicating liquor or 77
any drug or both, or (B) has an elevated blood alcohol content. 78
(3) For the purposes of this section, "motor vehicle specially 79
designated for carrying children" means any motor vehicle, except for 80
a registered school bus or student transportation vehicle as defined in 81
section 14-212, that is designated or used by a person, firm or 82 Substitute Bill No. 1082
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corporation for the transportation of children to or from any program 83
or activity organized primarily for persons under the age of eighteen 84
years, with or without charge to the individual being transported, but 85
does not include a passenger motor vehicle normally used for 86
personal, family or household purposes that is operated by a person 87
without a public passenger endorsement; and "elevated blood alcohol 88
content" means a ratio of alcohol in the blood of such person that is 89
[eight-hundredths] five-hundredths of one per cent or more of alcohol, 90
by weight, except that if such person is operating a commercial motor 91
vehicle, "elevated blood alcohol content" means a ratio of alcohol in the 92
blood of such person that is four-hundredths of one per cent or more 93
of alcohol, by weight, and if such person is under twenty-one years of 94
age, "elevated blood alcohol content" means a ratio of alcohol in the 95
blood of such person that is two-hundredths of one per cent or more of 96
alcohol, by weight. 97
Sec. 5. Subsection (d) of section 15-133 of the general statutes is 98
repealed and the following is substituted in lieu thereof (Effective 99
January 2, 2024): 100
(d) No person shall operate a vessel: (1) While under the influence 101
of intoxicating liquor or any drug, or both, or (2) while such person has 102
an elevated blood alcohol content. For the purposes of this section and 103
sections 15-140l and 15-140n, "elevated blood alcohol content" means: 104
(A) A ratio of alcohol in the blood of such person that is [eight-105
hundredths] five-hundredths of one per cent or more of alcohol, by 106
weight, or (B) if such person is under twenty-one years of age, a ratio 107
of alcohol in the blood of such person that is two-hundredths of one 108
per cent or more of alcohol, by weight. For the purposes of this section 109
and sections 15-132a, 15-140l, 15-140n, 15-140o and 15-140q, as 110
amended by this act, "operate" means that the vessel is underway or 111
aground and not moored, anchored or docked. 112
Sec. 6. Subdivision (4) of subsection (g) of section 15-140q of the 113
general statutes is repealed and the following is substituted in lieu 114
thereof (Effective January 2, 2024): 115 Substitute Bill No. 1082
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(4) At a hearing held under this subsection, the results of the test, if 116
administered, shall be sufficient to indicate the ratio of alcohol in the 117
blood of such person at the time of operation, except that if the results 118
of an additional test, administered pursuant to section 15-140r, indicate 119
that the ratio of alcohol in the blood of such person is [eight-120
hundredths] five-hundredths of one per cent or less of alcohol, by 121
weight, and is higher than the results of the first test, evidence shall be 122
presented that demonstrates that the test results and analysis thereof 123
accurately indicate the blood alcohol content at the time of operation. 124
The fees of any witness summoned to appear at a hearing under this 125
subsection shall be the same as provided in section 52-260. 126
Sec. 7. Subsection (n) of section 15-140q of the general statutes is 127
repealed and the following is substituted in lieu thereof (Effective 128
January 2, 2024): 129
(n) For the purposes of this section, "elevated blood alcohol content" 130
means: (1) A ratio of alcohol in the blood of such person that is [eight-131
hundredths] five-hundredths of one per cent or more of alcohol, by 132
weight, or (2) if such person is under twenty-one years of age, a ratio 133
of alcohol in the blood of such person that is two-hundredths of one 134
per cent or more of alcohol, by weight. 135
Sec. 8. Section 38a-498c of the general statutes is repealed and the 136
following is substituted in lieu thereof (Effective January 2, 2024): 137
No individual health insurance policy providing coverage of the 138
type specified in subdivisions (1), (2), (4), (11) and (12) of section 38a-139
469 delivered, issued for delivery, amended, renewed or continued in 140
this state shall deny coverage for health care services rendered to treat 141
any injury sustained by any person when such injury is alleged to have 142
occurred or occurs under circumstances in which (1) such person has 143
an elevated blood alcohol content, or (2) such person has sustained 144
such injury while under the influence of intoxicating liquor or any 145
drug or both. For the purposes of this section, "elevated blood alcohol 146
content" means a ratio of alcohol in the blood of such person that is 147 Substitute Bill No. 1082
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[eight-hundredths] five-hundredths of one per cent or more of alcohol, 148
by weight. 149
Sec. 9. Section 38a-525c of the general statutes is repealed and the 150
following is substituted in lieu thereof (Effective January 2, 2024): 151
No group health insurance policy providing coverage of the type 152
specified in subdivisions (1), (2), (4), (11) and (12) of section 38a-469 153
delivered, issued for delivery, amended, renewed or continued in this 154
state shall deny coverage for health care services rendered to treat any 155
injury sustained by any person when such injury is alleged to have 156
occurred or occurs under circumstances in which (1) such person has 157
an elevated blood alcohol content, or (2) such person has sustained 158
such injury while under the influence of intoxicating liquor or any 159
drug or both. For the purposes of this section, "elevated blood alcohol 160
content" means a ratio of alcohol in the blood of such person that is 161
[eight-hundredths] five-hundredths of one per cent or more of alcohol, 162
by weight. 163
This act shall take effect as follows and shall amend the following
sections:
Section 1 January 2, 2024 14-227a(a)
Sec. 2 January 2, 2024 14-227b(n)
Sec. 3 January 2, 2024 14-227m(a)
Sec. 4 January 2, 2024 14-227n(a)
Sec. 5 January 2, 2024 15-133(d)
Sec. 6 January 2, 2024 15-140q(g)(4)
Sec. 7 January 2, 2024 15-140q(n)
Sec. 8 January 2, 2024 38a-498c
Sec. 9 January 2, 2024 38a-525c
TRA Joint Favorable Subst.