Not every DUI stop ends with a breathalyzer test. A police officer may arrest you for DUI based on field sobriety tests such as the Horizontal Gaze Nystagmus Test or Finger-to-Nose Test. These, combined with erratic driving, slurred speech, and the smell of alcohol on your breath, may be enough proof for the arresting officer to document. 

But what if the officer requests a breathalyzer after you have been arrested? Do you have to agree to take it? 

Can I Refuse a Breath Test After a CT DUI Arrest? 

Yes, but prepare to face the consequences. When you were issued a driver’s license in Connecticut, you agreed to a lot of things including implied consent. According to CT General Statute § 14-227b, “Any person who operates a motor vehicle in this state shall be deemed to have given such person's consent to a chemical analysis of such person's blood, breath or urine”. In other words, in order to legally drive, you must agree to chemical testing if you are found to be an intoxicating danger to yourself or others on the road. 

Refusing to take a breath test (or blood or urine) will result in immediate suspension of your driver’s license. Again, driving is a privilege, not a right. The police officer must:

• Arrest you and read you your constitutional rights
• Request that you take a field sobriety test
• Allow you to contact an attorney before taking the test
• Confirm you know that refusal can be used against you in a court of law
• Inform you that your license will be suspended if you refuse to take the test

NOTE: Any penalties for refusing a breathalyzer are separate from other penalties resulting from your DUI arrest. 

Should I Call a Lawyer Before Taking a Breath Test?

Yes, especially if you have a history of DUI or if any others were at risk when you were detained. An experienced DUI lawyer will know which questions to ask you to determine if the benefits outweigh the risks when it comes to refusing a chemical test. 

Also, an attorney with vast knowledge of Connecticut DUI laws can represent you in the absence of BAC results by dissecting how the arrest was handled and whether or not your rights were violated. A hearing with the Commissioner of Motor Vehicles will be scheduled to challenge the suspension which is when your consulting lawyer can best represent you. 

Put Your Trust in the Law Offices of Pat Brown

If you recently had a close call on the road, add (800) 409-9937 for Law Offices of Pat Brown to your contacts. We are available 24/7 to answer your call and advise you on the vital choices you’ll need to make. Our lawyers have been recognized by the National Trial Lawyers Top 40 Under 40 and Top 100 for Criminal Defense in 2021 and 2022. We are here to get you the best possible outcome for your DUI, criminal or personal injury case.  Contact us to learn more about our practice.