Refusing Breathalyzer

    Refusing Breathalyzer in Connecticut

    Avon and New London, CT DUI Defense Attorneys

    If you are arrested for driving under the influence in Connecticut, the police officer will likely ask you to take a breathalyzer test. This test measures the amount of alcohol in your system and is used to determine if you are over the legal limit. You have the right to refuse this test, but doing so comes with consequences. At the Law Offices of Pat Brown, we understand the ins and outs of DUI law in Connecticut and can help you navigate this difficult situation.

    About the Breathalyzer Test

    In Connecticut, you are required to submit to a chemical test of your breath, blood, or urine if an officer has probable cause to believe that you are operating a vehicle under the influence of alcohol or drugs. If the results of this test show that your blood alcohol concentration (BAC) is .08% or higher, you will be charged with DUI.

    The Penalties of Refusing a Breathalyzer Test in CT

    The penalties for refusing a breathalyzer test in Connecticut are harsh. You will automatically have your driver's license suspended for six months. In addition, you may be subject to a fine of up to $500 and up to two years in prison. Other possible classifications:

    A first offense DUI is a misdemeanor.

    A second offense DUI is a felony.

    A third or subsequent offense DUI is a felony.

    DUI with a minor in the car is a felony.

    DUI with serious bodily injury is a felony.

    Implied Consent Law in Connecticut

    Connecticut has an implied consent law, which means that by applying for a driver's license, you are agreeing to submit to a chemical test if an officer has probable cause to believe that you are driving under the influence. If you refuse a breathalyzer test, the officer can obtain a warrant to force you to submit to a blood or urine test.

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    How Our Experienced DUI Attorneys Can Help

    If you have been charged with DUI, it is important to consult with an experienced attorney as soon as possible. At the Law Offices of Pat Brown, we can review the facts of your case and help you determine the best course of action. We will aggressively defend your rights and fight to get the best possible outcome in your case. Contact us today to schedule a free consultation.

    For more information about refusing breathalyzer or to schedule a free consultation, call us at (860) 321-7722  or visit our contact page.

    Frequently Asked Questions

    • Can refusal to take a breathalyzer test be used as evidence in court?

      In Connecticut, refusing to take a breathalyzer test can be used as evidence in court, potentially influencing the proceedings of your DUI case. This refusal may be interpreted as an indication of impairment and can impact the prosecution's approach and the judge or jury's perception of your case. Consulting with a legal professional is crucial to understand how refusal could specifically affect the legal outcomes in your situation.

    • Does Connecticut law allow police to force a breathalyzer test if I refuse?

      In Connecticut, while you have the right to refuse a breathalyzer test, under certain circumstances, law enforcement may obtain a warrant for a blood test if they have probable cause to believe you are driving under the influence. This means that in some situations, the police can legally require you to undergo blood testing, even if you initially refuse a breathalyzer. It's important to consult with a legal advisor to understand the specific implications and your rights in such scenarios.

    • How does refusing a breathalyzer affect my driving privileges in Connecticut?

      Refusing a breathalyzer test in Connecticut typically results in an immediate administrative license suspension under the state's implied consent law, separate from any criminal DUI charges. The length of the suspension varies based on the individual's driving history and whether it is a first or subsequent refusal. Consulting with an attorney can provide more detailed information on how a refusal might specifically affect your driving privileges in Connecticut.

    • Can I be arrested for refusing a breathalyzer test in Connecticut?

      In Connecticut, refusing a breathalyzer test during a DUI stop can lead to arrest, as refusal is considered a violation of the state's implied consent law. The officer may arrest you based on other evidence of impairment observed during the stop. It's important to consult with a legal professional for advice specific to your situation and to understand the full implications of a refusal.

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