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Obtaining Blood Alcohol Content Result From An Out Of State In Drunk Driving Case

Section 14-227a (l) (4) requires that a judge "has issued a search warrant in accordance with section 54-33a authorizing the seizure" of the blood alcohol content.

Evidence obtained from an out-of-state hospital can never satisfy this requirement because a warrant issued pursuant to General Statutes § 54-33a cannot authorize the seizure of blood alcohol content evidence from an out-of-state hospital and, a search warrant authorized pursuant to Massachusetts law can never be issued in "accordance with section 54-33a."

Section 14-227a (l) (2) requires the blood to be drawn by medical personnel licensed or certified "in this state," making it highly unlikely that the person drawing the blood in an out-of-state hospital is licensed or certified in Connecticut.

General Statutes § 54-94a provides:

"When a defendant, prior to the commencement of trial, enters a plea of nolo contendere conditional on the right to take an appeal from the court's denial of the defendant's motion to suppress evidence based on an unreasonable search or seizure, motion to suppress statements and evidence based on the involuntariness of a statement or motion to dismiss, the defendant after the imposition of sentence may file an appeal within the time prescribed by law.

The issue to be considered in such an appeal shall be limited to whether it was proper for the court to have denied the motion to suppress or the motion to dismiss.

A plea of nolo contendere by a defendant under this section shall not constitute a waiver by the defendant of nonjurisdictional defects in the criminal prosecution."

General Statutes § 14-227a (l) provides: "Notwithstanding the provisions of subsection (c) of this section, evidence respecting the amount of alcohol or drug in the blood of an operator of a motor vehicle involved in an accident who has suffered or allegedly suffered physical injury in such accident, which evidence is derived from a chemical analysis of a blood sample taken from such person after such accident at the scene of the accident, while en route to a hospital or at a hospital, shall be competent evidence to establish probable cause for the arrest by warrant of such person for a violation of subsection (a) of this section and shall be admissible and competent in any subsequent prosecution thereof if:

(1) The blood sample was taken for the diagnosis and treatment of such injury;

(2) the blood sample was taken by a person licensed to practice medicine in this state, a resident physician or intern in any hospital in this state, a phlebotomist, a qualified laboratory technician, an emergency medical technician II or a registered nurse;

(3) a police officer has demonstrated to the satisfaction of a judge of the Superior Court that such officer has reason to believe that such person was operating a motor vehicle while under the influence of intoxicating liquor or drug or both and that the chemical analysis of such blood sample constitutes evidence of the commission of the offense of operating a motor vehicle while under the influence of intoxicating liquor or drug or both in violation of subsection (a) of this section;

(4) such judge has issued a search warrant in accordance with section 54-33a authorizing the seizure of the chemical analysis of such blood sample."

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