In Altschul v. Salinas, 53 Conn. App. 391, 397, 730 A.2d 1171, cert. denied, 249 Conn. 931, 761 A.2d 751 (1999), the plaintiff was arrested for operating a motor vehicle while under the influence of intoxicating liquor or drugs in violation of § 14-227a. Id., 393.
The arresting police officer provided the plaintiff with the opportunity to contact his attorney before deciding whether to submit to chemical testing. Id., 393-94. After the plaintiff was unable to reach an attorney, the plaintiff stated that without legal counsel, he could neither refuse nor submit to a chemical alcohol test. Id., 394. The plaintiff's operator's license thereafter was suspended. Id.
Affirming the hearing officer's suspension of the plaintiff's operator's license, this court found that the plaintiff's actions in Altschul provided substantial evidence in support of the hearing officer's determination that the plaintiff refused to submit to a chemical alcohol test. Id., 398.