The change I propose is to have Connecticut join states like New Hampshire, Florida and Delaware in requiring that all drivers causing accidents resulting in death or serious injury be required to have their blood or breath tested for alcohol and drugs. Unfortunately, under existing statutes, there are ways that suspected drug or alcohol impaired drivers can escape testing. Current state law requires only that blood samples be drawn from drivers or pedestrians killed in accidents. Besides refusing to submit to testing at the scene, drivers can ask to be transported to a hospital for medical treatment and, once there, refuse treatment and leave the premises without being tested.

Under those circumstances, the police can only try to determine whether alcohol was involved by using circumstantial evidence like investigating the driver’s activities leading up to the accident. While it is true that refusing to be tested after being arrested for drunken driving results in administrative license suspension, prosecutors need hard evidence in order to pursue criminal sanctions. Such evidence is unavailable if testing is not performed.

In testimony presented to the Judiciary Committee last year, one man recounted the pre-dawn visit to his home by two police officers tasked with informing him that an alleged drunk driver had killed his 16-year-old daughter. A woman told of the last moments sitting in the car beside her fiancé before being hit head-on by an alleged drunk driver, knowing what was coming and not being able to do anything to avoid it. The man with whom she had planned to spend the rest of her life died several hours later and, among her more terrible, permanent heartaches, is living with the fact that she never had the chance to say good-bye. Adding to her pain is that the perpetrator in the case was transported to the hospital, refused treatment and then left without being tested, making it difficult – if not impossible – for the prosecutors to bring him to justice.

Sadly, we cannot prevent all tragedies like these. But, we can pass state laws that, at the very least, force potential drunk drivers to more carefully consider the consequences of their actions and, hopefully, choose not to drive when impaired --- and, failing that, give police and prosecutors the tools to more effectively bring those who choose to act irresponsibly to justice.

Unfortunately, my legislation did not pass last year – but it often takes more than one year to secure legislative passage of even the best, most reasonable, proposals. So once again this year I have introduced my proposal which calls for Connecticut to do something that several states already do – require blood or breath samples of all drivers involved in car accidents resulting in serious physical injury or death if a police officer has reason to believe that those drivers are under the influence of alcohol or drugs.

Clearly, if even one impaired driver refuses to get behind the wheel of a car because he, or she knows that there is no way to escape testing for drug or alcohol use in the event of a serious accident then this legislation is worthwhile.

Last year, the surviving friends and family of a drunken driving victim collected hundreds of signatures in support of my proposed legislation. They understand that passing my bill would not relieve the pain of their loss, but just might spare their friends and neighbors the suffering they continue to endure every day.

I am very interested in learning your thoughts on this issue, and any others that affect our part of the state. So, please, keep sending me e-mails, calling my office, and writing me letters expressing your ideas and asking questions. Always, I welcome your input. I can be reached toll-free at my office in Hartford at 1-800-842-1421, or by e-mail at Andrew.Roraback@cga.ct.gov.
Senator Andrew Roraback represents the 30th Senatorial District, which as of January 2003 will include the communities of Brookfield, Canaan, Cornwall, Goshen, Kent, Litchfield, Morris, New Milford, North Canaan, Salisbury, Sharon, Warren, Washington, Winsted and part of Torrington.