Breathalyzers for Private Use

In the news recently are proposed Connecticut laws encouraging voluntary use of breathalysers in restaurants and bars, and new uses for breathalysers in schools.

The bars proposal would be voluntary for patrons to test themselves, under the condition that the evidence is not used against them. The incentive for establishments that serve alcohol would be reduced liability from $250k to $100k in the event of an alcohol related accident and DUI charge. The Connecticut Legislative Judiciary Committee is scheduled to vote on the matter.

In schools, breathalysers have been an increasingly common tool around prom season for admission to dances and other school events in Darien, Simsbury, Southington, and Clinton. In addition, some schools have these devices on hand for use anytime the school suspects a student of alcohol use.

Since all breath test devices have certain flaws and biases, it would be unfair to use these machines as an ultimate arbiter of alcohol consumption with no allowable defense. Known flaws in these machines that can show false positives include stomach and medical conditions, use of mouthwash or consuming certain foods, and other factors.

These machines must be reliably maintained, tested, and calibrated, and operated by a person trained to use them under the right conditions and circumstances to be certain that they are operating as designed.

It seems perfectly reasonable to encourage people to use these devices in bars to test themselves for informational purposes, with no legal risks. This usage may well reduced drunk driving among people who may not have suspected that they are impaired.

However a school situation where there is no appeal, and failure can result in serious consequences to the students is not an appropriate or fair use. No magical number that can't be contested or appealed should decide someone's future, whether in court or on school.

Please contact us for a legal case evaluation on any drunk driving or criminal charge in Connecticut.

Proposed Three Strikes Laws in CT

There are three separate proposed laws in the Connecticut legislature that would enact a "so-called" three strikes law. The bills, working their way through the Connecticut lawmaking progress, would require a person convicted of 3 separate violent felonies to be sentenced to life in prison. It would make Connecticut's criminal laws among the toughest and most restrictive in the nation.

Critics among the Democratically controlled legislature suggest that such a law would tie the hands of judges to exercise discretion in complicated legal cases, and would do little to enhance public safely.

More Details on New Proposed Connecticut DUI Laws

According to this editorial, new drunk driving law proposals include:

1. Mandatory 1 year license suspensions and substance abuse training programs for anyone 16 or 17 years old who is arrested (not even convicted?) of drunk driving.
2. Additional unspecified tightening of "loopholes" in per se administrative procedures regarding license suspension by the Connecticut DMV. This vague statement likely has to do with stricter immediate license suspensions after being arrested on a DUI charge, perhaps both in the case of breath test refusal or failure.
   
3. Required ignition interlock devices (aka a rolling breathalyzer in your car) for as a condition of license reinstatement for a 1st offense DUI conviction, but not until six months into the suspension. If you are convicted of a DUI charge, you can't drive for the first 6 months of a license suspension, then you must have an ignition interlock device in your vehicle for a year after that.

These proposes changes to CT laws and DMV procedures are still in the early stages, and could change substantially if they are enacted.

Proposed reforms to Connecticut Criminal Justice procedures

Connecticut lawmakers, and Governor Jodi Rell have proposed changes to how criminal justice is administered in the state.

Among the reforms proposed are:

1. Improved Criminal Lineup and Identification Procedures. Witnesses should be provided with improved lineup arrays, where the officers administering the lineup do not know who is the real accused defendant. This technique has been used in other states, and eliminates biases where the officer may intentionally or unconsciously suggest who the suspect is.
2. Expanding Connecticut's DNA database. The addition of DNA samples of those arrested for criminal charges, but not convicted, would significantly increase the samples available for future matches.