Regulations of Connecticut State Agencies
For the purpose of Sections 14-227b-1 to 14-227b-29a, inclusive, the following terms shall have the following meanings:
(1) "Chemical analysis," "chemical test," or "test" an analysis of blood or urine or a direct alcohol test performed in accordance with the provisions of sections 14-227a-1b to 14-227a-10b, inclusive, of the Regulations of Connecticut State Agencies.
(2) "Commissioner" means the commissioner of motor vehicles or his designee as defined in subdivision (16) of subsection (a) of section 14-1 of the Connecticut General Statutes.
(3) "Department" means the department of motor vehicles.
(4) "Failed" or "failure" of a chemical test means that the ratio of alcohol in a person's blood, as determined by chemical analysis, is eight-hundredths of one percent or more of alcohol, by weight.
(5) "Notice of arrest" means the initial receipt of notice by a person that he has been arrested, whether by being taken into custody by a police officer and informed of his arrest by the officer, or by receipt of a summons, or by receipt of a warrant served by a marshal or other court officer.
(6) "Offense" means operating a motor vehicle while under the influence of intoxicating liquor or any drug or both as provided in subsection (a) of section 14-227a of the Connecticut General Statutes.
(7) "Operator's license" means a valid license or permit to operate a motor vehicle issued by the Connecticut Department of Motor Vehicles.
(8) "Privilege" means the nonresident motor vehicle operating privilege granted to a licensed resident of another state, province or country under section 14-39 of the Connecticut General Statutes.
(9) "Statutory period" means one of the following periods of time:
(A) for individuals 21 years of age or older:
(i) ninety days if a person submitted to a test or analysis and the results of such test or analysis indicate that the ratio of alcohol in the blood of such person was eight-hundredths of one percent or greater of alcohol, by weight and less than sixteen-hundredths of one percent of alcohol, by weight;
(ii) one hundred twenty days, if a person submitted to a test or analysis and the results of such test or analysis indicated that the ratio of alcohol in the blood of such person was sixteen-hundredths of one percent or more of alcohol, by weight;
(iii) six months if a person refused to submit to such test or analysis;
(iv) nine months if a person submitted to a test or analysis, and the results of such test or analysis indicated that the ratio of alcohol in the blood of such person was eight-hundredths of one percent or greater of alcohol, by weight and less than sixteen-hundredths of one percent of alcohol, by weight, and such person has previously had such person's operator's license or non-resident privilege suspended under section 14-227b of the Connecticut General Statutes.
(v) ten months if a person submitted to a test or analysis and the results of such test or analysis indicated that the ratio of alcohol in the blood of such person was sixteen-hundredths of one percent or more of alcohol, by weight, and such person has previously had such person's operator's license or non-resident privilege suspended under section 14-227b of the Connecticut General Statutes.
(vi) one year if a person refused to submit to such test or analysis, and such person has previously had such person's operator's license or non-resident operating privilege suspended under section 14-227b of the Connecticut General Statutes;
(vii) two years if a person submitted to a test or analysis, and the results of such test or analysis indicate that the ratio of alcohol in the blood of such person was eight-hundredths of one percent or greater of alcohol, by weight and less than sixteen-hundredths of one percent of alcohol, by weight, and such person has previously had such person's operator's license or non-resident operating privilege suspended two or more times under section 14-227b;
(viii) two and one-half years if such person submitted to a test or analysis and the results of such test or analysis indicated that the ratio of alcohol in the blood of such person was sixteen-hundredths of one percent or more of alcohol, by weight, and such person had previously had such person's operator's license or non-resident operating privilege suspended two or more times under section 14-227b of the Connecticut General Statutes; or
(ix) three years if a person refused to submit to such test or analysis, and such person has previously had such person's operator's license or non-resident operating privilege suspended two or more times under section 14-227b of the Connecticut General Statutes.
(B) for individuals under the age of 21:
(i) one hundred eighty days if a person submitted to a test or analysis and the results of such test or analysis indicate that the ratio of alcohol in the blood of such person was two-hundredths of one percent or greater of alcohol, by weight and less than sixteen-hundredths of one percent of alcohol, by weight;
(ii) two hundred forty days, if a person submitted to a test or analysis and the results of such test or analysis indicated that the ratio of alcohol in the blood of such person was sixteen-hundredths of one percent or more of alcohol, by weight;
(iii) twelve months if a person refused to submit to such test or analysis;
(iv) eighteen months if a person submitted to a test or analysis, and the results of such test or analysis indicated that the ratio of alcohol in the blood of such person was two-hundredths of one percent or greater of alcohol, by weight and less than sixteen-hundredths of one percent of alcohol, by weight, and such person has previously had such person's operator's license or non-resident privilege suspended under section 14-227b of the Connecticut General Statutes;
(v) twenty months if a person submitted to a test or analysis and the results of such test or analysis indicated that the ratio of alcohol in the blood of such person was sixteen-hundredths of one percent or more of alcohol, by weight, and such person has previously had such person's operator's license or non-resident privilege suspended under section 14-227b of the Connecticut General Statutes;
(vi) two years if a person refused to submit to such test or analysis, and such person has previously had such person's operator's license or non-resident operating privilege suspended under section 14-227b of the Connecticut General Statutes;
(vii) four years if a person submitted to a test or analysis, and the results of such test or analysis indicate that the ratio of alcohol in the blood of such person was two-hundredths of one percent or greater of alcohol, by weight and less than sixteen-hundredths of one percent of alcohol, by weight, and such person has previously had such person's operator's license or non-resident operating privilege suspended two or more times under section 14-227b of the Connecticut General Statutes;
(viii) five years if such person submitted to a test or analysis and the results of such test or analysis indicated that the ratio of alcohol in the blood of such person was sixteen-hundredths of one percent or more of alcohol, by weight, and such person had previously had such person's operator's license or non-resident operating privilege suspended two or more times under section 14-227b of the Connecticut General Stautes; or
(ix) six years if a person refused to submit to such test or analysis, and such person has previously had such person's operator's license or non-resident operating privilege suspended two or more times under section 14-227b of the Connecticut General Statutes.
(10) "Suspension" means the temporary withdrawal of a person's motor vehicle operator's license or privilege to drive in this state for a specific period of time.
(Effective January 1, 1990; Amended September 3, 1997; Amended July 11, 2006)