Connecticut Seeks To Strengthen Drunk Driving Laws To Help Curb Accidents And Injuries

(March 2011) It sometimes takes a public tragedy to expose inadequate policies or laws, and the death of a 15-year-old who was struck by an off-duty Windsor Locks, Connecticut, police officer provided the impetus in this case.

The officer was suspected of driving while intoxicated when the accident occurred, but because of an apparent loophole in Connecticut’s otherwise-tough DUI laws, he was not tested at the hospital, where he was taken for treatment after the car accident.

Connecticut law precludes law enforcement officials from arresting anyone,  including a suspected drunk driver who might have caused a serious or fatal accident, at a hospital if the suspect was taken there for treatment. As a result, law officers cannot conduct any questioning or perform any blood or urine tests on the suspect.

The loophole allows suspects to escape detection for a DUI violation by claiming injury at the accident scene and being transported to a medical facility, where they are immune from arrest and testing while being treated. A drunken motorist can be charged with a felony if an accident he or she caused results in a serious or fatal injury to a victim. Because of this, prosecutors usually need blood or urine test findings as evidence of intoxicated driving.

The proposed legislation would require a blood or urine test at the hospital even if the suspect had been injured. The measure would preclude any more drivers from claiming injuries, feigned or not, and to escape a DUI charge.

Drunk drivers cause inestimable damage to lives and families, both physically and emotionally. Many otherwise law-abiding people have seen their lives ruined from a single night of careless drinking and driving.

In Connecticut, as in many other states, the incidence of drunk driving has decreased since the 1980s due to increased awareness, crackdowns and tougher DUI laws. Still, about 32 percent of all traffic fatalities in the state in 2008 involved a driver who had a blood alcohol level of at least 0.08 percent. In 2009, the number of fatal alcohol-related accidents saw an increase from 2008, as did arrests, demonstrating an increased focus on the problem but also underscoring the reality that drunk driving continues to plague the state’s highways.

If you have been injured due to an accident with a drunk driver, you may be entitled to compensation for the damages you sustained as a result. Speak to an experienced personal injury attorney to help you hold the driver accountable for your injuries and peruse your legal options.

March 1, 2011 at 5:15 pm | legal information, vehicular | Leave a comment