How the Implied Consent Law Works in Connecticut

When a police officer suspects a driver is under the influence of alcohol, they will typically ask the driver to submit to a chemical test. Under Connecticut’s implied consent law, motorists operating a motor vehicle in the state and suspected of Driving Under the Influence (DUI) give their implied consent to submit to alcohol testing.

Refusing to submit to a chemical test carries severe consequences, including an automatic 24-hour driver’s license suspension and the potential for a longer license suspension. To protect their rights and build a strong defense against Connecticut DUI charges, Connecticut drivers should understand how Connecticut’s implied consent law works.

What Is the Implied Consent Law?

When a Connecticut driver obtains a driver’s license, they give their implied consent to submit to blood alcohol testing when requested by a law enforcement officer. Parents give implied consent for their child to be tested.

When a Connecticut law enforcement officer suspects a driver is under the influence of alcohol, Connecticut’s implied consent laws allow the officer to conduct a roadside test or test of blood or urine at the police station to test for the presence of alcohol. Refusing to comply with a request to submit to an alcohol test carries significant penalties. However, for the request to be valid and enforceable, law enforcement officers must follow proper procedures when asking a suspect to submit to a test of their breath, blood, or urine.

Procedure for Requesting an Alcohol Test

Under Connecticut law, a police officer who has placed a person under arrest on suspicion of DUI may request that the suspect submit to a test of their breath, blood, or urine to evaluate the presence of alcohol. For the request to be valid and enforceable, the following criteria must be met:

1. The suspect must have been placed under arrest.
2. The officer must advise the suspect of their constitutional rights (the Miranda warning)
3. The officer can then request that the suspect submit to a breath, blood, or urine test.
4. The officer must inform the suspect of the consequences of refusing the test and must grant the suspect a reasonable amount of time to contact an attorney.
5. Before administering the test, the officer must inform the suspect that the test results can be used against them in court proceedings and that if the test results are above the legal limit, the suspect’s driver’s license will be suspended.
6. The officer must make a written note that they have followed these steps.

What Happens If a Suspect Refuses an Alcohol Test?

Even though all drivers who operate a vehicle on Connecticut roadways have given implied consent to testing, some drivers refuse to take the test. Drivers who refuse a lawful chemical test face the following consequences:

• An automatic 24-hour suspension of their driver’s license.
• The police officer will report the suspect’s refusal to take the test. The report must be signed by a witness (typically another officer).
• The report is sent to the Department of Motor Vehicles (DMV) for review and possible suspension of the suspect’s driver’s license for an extended period.
• The suspect will receive a letter notifying them of the driver’s license suspension and a hearing date if they wish to challenge the driver’s license suspension.

At the hearing, the officer must present evidence that they had probable cause to stop the suspect and believed the driver was under the influence of alcohol, that they followed the proper procedure for requesting the suspect submit to a BAC test, and that the suspect refused to consent to the test.

Unless the suspect’s attorney can show the officer failed to follow the proper procedure, the suspect’s driver’s license will be suspended for three years for refusing to submit to the chemical test. Drivers with two or more prior convictions for DUI automatically lose their licenses upon refusing a BAC test.

Charged with DUI? The Lebedevitch Law Firm Can Help.

Connecticut DUI laws are harsh, and the consequences of a DUI conviction can be severe. If you were arrested and charged with DUI, you should hire an experienced DUI defense attorney immediately.

The Lebedevitch Law Firm will work to protect your rights and safeguard your freedoms. We will fight to ensure police follow proper procedures when arresting a suspect and will work to have the DUI charge dismissed.

Contact The Lebedevitch Law Firm Today

The Lebedevitch Law Firm is based in Fairfield, Connecticut, and represents people charged with DUI in Stamford, Greenwich, New Canaan, Norwalk, Darien, Rowayton, Fairfield, Trumbull, Westport, Wilton, Weston, Danbury, New Haven, Bethany, Woodbridge, Milford, Stratford, Bridgeport, and throughout the State of Connecticut.

Contact The Lebedevitch Law Firm today to schedule an appointment to discuss your situation and how we can assist you.