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General Assembly Raised Bill No. 424
February Session, 2024
LCO No. 2489
Referred to Committee on TRANSPORTATION
Introduced by:
(TRA)
AN ACT REDUCING THE 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repealed and the following is substituted in lieu thereof (Effective January 2
2, 2025): 3
(a) No person shall operate a motor vehicle while under the influence 4
of intoxicating liquor or any drug or both. A person commits the offense 5
of operating a motor vehicle while under the influence of intoxicating 6
liquor or any drug or both if such person operates a motor vehicle (1) 7
while under the influence of intoxicating liquor or any drug or both, or 8
(2) while such person has an elevated blood alcohol content. For the 9
purposes of this section, "elevated blood alcohol content" means a ratio 10
of alcohol in the blood of such person that is [eight-hundredths] five-11
hundredths of one per cent or more of alcohol, by weight, except that if 12
such person is operating a commercial motor vehicle, "elevated blood 13
alcohol content" means a ratio of alcohol in the blood of such person that 14
is four-hundredths of one per cent or more of alcohol, by weight, and 15 Raised Bill No. 424
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"motor vehicle" includes a snowmobile and all-terrain vehicle, as those 16
terms are defined in section 14-379. For purposes of this section, section 17
14-227b, as amended by this act, and section 14-227c, (A) "advanced 18
roadside impaired driving enforcement" means a program developed 19
by the National Highway Traffic Safety Administration with the 20
International Association of Chiefs of Police and the Technical Advisory 21
Panel, which focuses on impaired driving enforcement education for 22
police officers, or any successor to such program; (B) "drug influence 23
evaluation" means an evaluation developed by the National Highway 24
Traffic Safety Administration and the International Association of 25
Chiefs of Police that is conducted by a drug recognition expert to 26
determine the level of a person's impairment from the use of drugs and 27
the drug category causing such impairment; (C) "drug recognition 28
expert" means a person certified by the International Association of 29
Chiefs of Police as having met all requirements of the International Drug 30
Evaluation and Classification Program; and (D) "nontestimonial portion 31
of a drug influence evaluation" means a drug influence evaluation 32
conducted by a drug recognition expert that does not include a verbal 33
interview with the subject. 34
Sec. 2. Subsection (n) of section 14-227b of the general statutes is 35
repealed and the following is substituted in lieu thereof (Effective January 36
2, 2025): 37
(n) For the purposes of this section, "elevated blood alcohol content" 38
means (1) a ratio of alcohol in the blood of such person that is [eight-39
hundredths] five-hundredths of one per cent or more of alcohol, by 40
weight, (2) if such person is operating a commercial motor vehicle, a 41
ratio of alcohol in the blood of such person that is four-hundredths of 42
one per cent or more of alcohol, by weight, or (3) if such person is less 43
than twenty-one years of age, a ratio of alcohol in the blood of such 44
person that is two-hundredths of one per cent or more of alcohol, by 45
weight. 46
Sec. 3. Subsection (a) of section 14-227m of the general statutes is 47
repealed and the following is substituted in lieu thereof (Effective January 48 Raised Bill No. 424
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2, 2025): 49
(a) No person shall operate a motor vehicle in which a child under 50
eighteen years of age is a passenger while such person (1) is under the 51
influence of intoxicating liquor or any drug or both, or (2) has an 52
elevated blood alcohol content. For the purposes of this section, 53
"elevated blood alcohol content" means a ratio of alcohol in the blood of 54
such person that is [eight-hundredths] five-hundredths of one per cent 55
or more of alcohol, by weight, except that if such person is operating a 56
commercial motor vehicle, "elevated blood alcohol content" means a 57
ratio of alcohol in the blood of such person that is four-hundredths of 58
one per cent or more of alcohol, by weight, and if such person is under 59
twenty-one years of age, "elevated blood alcohol content" means a ratio 60
of alcohol in the blood of such person that is two-hundredths of one per 61
cent or more of alcohol by weight; and "motor vehicle" includes a 62
snowmobile and all-terrain vehicle, as those terms are defined in section 63
14-379. 64
Sec. 4. Subsection (a) of section 14-227n of the general statutes is 65
repealed and the following is substituted in lieu thereof (Effective January 66
2, 2025): 67
(a) (1) No person shall operate a school bus, student transportation 68
vehicle or other motor vehicle specially designated for carrying children 69
while such person (A) is under the influence of intoxicating liquor or 70
any drug or both, or (B) has an elevated blood alcohol content. 71
(2) No person shall operate a school bus, student transportation 72
vehicle or other motor vehicle specially designated for carrying children 73
in which a child under eighteen years of age is a passenger while such 74
person (A) is under the influence of intoxicating liquor or any drug or 75
both, or (B) has an elevated blood alcohol content. 76
(3) For the purposes of this section, "motor vehicle specially 77
designated for carrying children" means any motor vehicle, except for a 78
registered school bus or student transportation vehicle as defined in 79
section 14-212, that is designated or used by a person, firm or 80 Raised Bill No. 424
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corporation for the transportation of children to or from any program or 81
activity organized primarily for persons under the age of eighteen years, 82
with or without charge to the individual being transported, but does not 83
include a passenger motor vehicle normally used for personal, family or 84
household purposes that is operated by a person without a public 85
passenger endorsement; and "elevated blood alcohol content" means a 86
ratio of alcohol in the blood of such person that is [eight-hundredths] 87
five-hundredths of one per cent or more of alcohol, by weight, except 88
that if such person is operating a commercial motor vehicle, "elevated 89
blood alcohol content" means a ratio of alcohol in the blood of such 90
person that is four-hundredths of one per cent or more of alcohol, by 91
weight, and if such person is under twenty-one years of age, "elevated 92
blood alcohol content" means a ratio of alcohol in the blood of such 93
person that is two-hundredths of one per cent or more of alcohol, by 94
weight. 95
Sec. 5. Subsection (d) of section 15-133 of the general statutes is 96
repealed and the following is substituted in lieu thereof (Effective January 97
2, 2025): 98
(d) No person shall operate a vessel: (1) While under the influence of 99
intoxicating liquor or any drug, or both, or (2) while such person has an 100
elevated blood alcohol content. For the purposes of this section and 101
sections 15-140l and 15-140n, "elevated blood alcohol content" means: 102
(A) A ratio of alcohol in the blood of such person that is [eight-103
hundredths] five-hundredths of one per cent or more of alcohol, by 104
weight, or (B) if such person is under twenty-one years of age, a ratio of 105
alcohol in the blood of such person that is two-hundredths of one per 106
cent or more of alcohol, by weight. For the purposes of this section and 107
sections 15-132a, 15-140l, 15-140n, 15-140o and 15-140q, as amended by 108
this act, "operate" means that the vessel is underway or aground and not 109
moored, anchored or docked. 110
Sec. 6. Subdivision (4) of subsection (g) of section 15-140q of the 111
general statutes is repealed and the following is substituted in lieu 112
thereof (Effective January 2, 2025): 113 Raised Bill No. 424
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(4) At a hearing held under this subsection, the results of the test, if 114
administered, shall be sufficient to indicate the ratio of alcohol in the 115
blood of such person at the time of operation, except that if the results 116
of an additional test, administered pursuant to section 15-140r, indicate 117
that the ratio of alcohol in the blood of such person is [eight-hundredths] 118
five-hundredths of one per cent or less of alcohol, by weight, and is 119
higher than the results of the first test, evidence shall be presented that 120
demonstrates that the test results and analysis thereof accurately 121
indicate the blood alcohol content at the time of operation. The fees of 122
any witness summoned to appear at a hearing under this subsection 123
shall be the same as provided in section 52-260. 124
Sec. 7. Subsection (n) of section 15-140q of the general statutes is 125
repealed and the following is substituted in lieu thereof (Effective January 126
2, 2025): 127
(n) For the purposes of this section, "elevated blood alcohol content" 128
means: (1) A ratio of alcohol in the blood of such person that is [eight-129
hundredths] five-hundredths of one per cent or more of alcohol, by 130
weight, or (2) if such person is under twenty-one years of age, a ratio of 131
alcohol in the blood of such person that is two-hundredths of one per 132
cent or more of alcohol, by weight. 133
Sec. 8. Section 38a-498c of the general statutes is repealed and the 134
following is substituted in lieu thereof (Effective January 2, 2025): 135
No individual health insurance policy providing coverage of the type 136
specified in subdivisions (1), (2), (4), (11) and (12) of section 38a-469 137
delivered, issued for delivery, amended, renewed or continued in this 138
state shall deny coverage for health care services rendered to treat any 139
injury sustained by any person when such injury is alleged to have 140
occurred or occurs under circumstances in which (1) such person has an 141
elevated blood alcohol content, or (2) such person has sustained such 142
injury while under the influence of intoxicating liquor or any drug or 143
both. For the purposes of this section, "elevated blood alcohol content" 144
means a ratio of alcohol in the blood of such person that is [eight-145 Raised Bill No. 424
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hundredths] five-hundredths of one per cent or more of alcohol, by 146
weight. 147
Sec. 9. Section 38a-525c of the general statutes is repealed and the 148
following is substituted in lieu thereof (Effective January 2, 2025): 149
No group health insurance policy providing coverage of the type 150
specified in subdivisions (1), (2), (4), (11) and (12) of section 38a-469 151
delivered, issued for delivery, amended, renewed or continued in this 152
state shall deny coverage for health care services rendered to treat any 153
injury sustained by any person when such injury is alleged to have 154
occurred or occurs under circumstances in which (1) such person has an 155
elevated blood alcohol content, or (2) such person has sustained such 156
injury while under the influence of intoxicating liquor or any drug or 157
both. For the purposes of this section, "elevated blood alcohol content" 158
means a ratio of alcohol in the blood of such person that is [eight-159
hundredths] five-hundredths of one per cent or more of alcohol, by 160
weight. 161
This act shall take effect as follows and shall amend the following
sections:
Section 1 January 2, 2025 14-227a(a)
Sec. 2 January 2, 2025 14-227b(n)
Sec. 3 January 2, 2025 14-227m(a)
Sec. 4 January 2, 2025 14-227n(a)
Sec. 5 January 2, 2025 15-133(d)
Sec. 6 January 2, 2025 15-140q(g)(4)
Sec. 7 January 2, 2025 15-140q(n)
Sec. 8 January 2, 2025 38a-498c
Sec. 9 January 2, 2025 38a-525c
Statement of Purpose:
To lower the blood alcohol content for driving and boating under the
influence from eight-hundredths to five-hundredths of one per cent of
alcohol, by weight.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.] Raised Bill No. 424
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