Being stopped on suspicion of DUI is a stressful experience. In most cases, the police will ask you to take a breathalyzer or other chemical test. These tests measure the amount of alcohol in your system to determine whether you are over the legal limit. In Connecticut, you have the right to refuse the test. But doing so comes with consequences that can be quite severe. In most cases, the law punishes a refusal more harshly than failing the test.
Under Connecticut’s implied consent law, drivers who are suspected of Driving Under the Influence (DUI) must submit to a chemical test if the police reasonably believe they are under the influence of alcohol, drugs, or a combination of the two.
Police can administer three different tests:
If the test results show your BAC is greater than the legal limit, you can be arrested and charged with DUI. Refusing any of the tests counts as a violation of Connecticut’s implied consent law.
Even though all drivers in Connecticut have given implicit consent to a chemical test, some drivers still refuse it. A driver who refuses a lawful request to take a chemical test faces the following consequences:
These administrative penalties are imposed by the DMV, not the court system. Drivers who refuse the chemical test will receive a notice of the suspension of their driver’s license and have 7 days to challenge it.
The short answer is “Yes. You can refuse a breathalyzer test in Connecticut.” But doing so comes with harsh penalties and can actually make your situation worse.
Some drivers believe that not taking the chemical test will help avoid a DUI conviction. Unfortunately, this thinking can actually make the situation worse.
While refusing the breathalyzer test might prevent the State from having a specific alcohol concentration number, Connecticut imposes harsh penalties on anyone who refuses the test.
Prosecutors view defendants who refused the test as uncooperative and are less likely to be willing to negotiate a favorable plea deal.
If you choose to take your case to trial, the prosecutor can present your refusal to take the test as evidence that you knew you were intoxicated. The judges may instruct the jury that they can interpret refusal to take the test as “consciousness of guilt.”
Even if you are ultimately not convicted of DUI, you still face harsh penalties for refusing the test.
For most first-time offenders, refusing the breathalyzer is not the best choice. Refusing the test triggers a mandatory IID requirement of one year (vs. 6 months for failing). Prosecutors will be less likely to negotiate and will use your refusal as evidence against you in court. For most first-time offenders, taking the test gives your lawyer more flexibility to negotiate a favorable outcome through a diversionary program, reduced charges, or a less severe sentence.
For repeat offenders, deciding whether to take the test may be different. A second- or third-time conviction for DUI carries mandatory jail time and more severe penalties. In these cases, some drivers may benefit from refusing the breathalyzer test because a refusal limits the evidence the State has against them. While refusal still carries a lengthy license suspension and IID requirement, these penalties may be less severe than a conviction for a second or third offense and could provide your attorney additional opportunities to challenge the prosecution's case.
Ultimately, there is no one-size-fits-all answer to the question of whether you should refuse the breathalyzer test. The answer depends on your criminal record, your priorities (maintaining your driver’s license vs. the risk of going to jail), and the circumstances of your arrest.
Connecticut DUI laws are harsh, but in most circumstances, the consequences of refusing a chemical test are even more severe than a conviction. Regardless of whether or not you submitted to the test, an experienced DUI defense attorney can evaluate the evidence, negotiate for reduced charges or a less severe sentence, and work to prevent worst-case outcomes.
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.
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