Getting pulled over for a suspected DUI is a very intimidating situation to find yourself in, and many Connecticut residents don’t know what their rights are. A common question many people have is whether or not they can legally refuse a breath test in Connecticut, and if so, whether this will come with repercussions later on.
At Justin C. Pugh & Associates, our DUI defense attorneys in Connecticut are committed to protecting the rights of our clients if they are facing DUI charges. Keep reading to find out what will happen if you refuse a breath test in Connecticut and how this can impact the outcome of your DUI case.
Understanding Connecticut’s Implied Consent Law
The first thing you need to understand about Connecticut DUI laws is that all drivers have automatically consented to this law simply by applying for a driver’s license. Connecticut’s implied consent law applies if a law enforcement officer has probable cause.
So, if you are pulled over for a suspected DUI, and you hold a driver’s license, it is assumed that you have already consented to a breathalyzer test.
Immediate Consequences of Refusing a Breath Test
It’s important to understand that refusing a breath test in Connecticut is not a crime in and of itself. However, when you refuse a breath test after being pulled over for a suspected DUI, this will come with repercussions.
- Administrative license suspension: The main consequence of refusing a breath test in Connecticut is that the police officer will confiscate your drivers license, issuing an immediate suspension. This suspension will usually last for 24 hours while the DMV is notified, then the DMV will impose a 45 day suspension.
- Ignition interlock device: After refusing a breath test, you may be required to use an ignition interlock device. This limits your driving privileges, and you may need to use the ignition interlock device for 45 days up to three years, depending on the circumstances.
When you refuse a breath test, you also have to attend a DMV per se hearing, which is separate from any DUI court hearings you may need to attend. The purpose of this hearing is to determine whether or not you can keep your license or if the suspension should take full effect.
Law enforcement officers also have the ability to obtain a warrant for a blood test if you have refused a breath test. If the warrant is approved, the officers can obtain your blood without your consent, which can later be used as evidence against you.
Can You Still Be Charged With DUI Without a Breath Test?
The short answer to this is yes. Even if you have refused a breath test, the police officers can collect other types of evidence to back up their suspicions of a DUI. Here are some examples of the types of evidence that can be used to build a case against you in Connecticut:
- The observations of the law enforcement officers.
- The results of the field sobriety tests.
- Body camera footage.
- Witness testimony.
- Surveillance or dashcam footage.
- Statements you made to the police.
- Any prior DUI history.
Whether you consent to a breath test or refuse, it’s crucial that you get representation from a DUI attorney in Connecticut as soon as possible. An attorney can help protect your rights, as well as immediately begin establishing your defense strategy.
Can Refusing a Breath Test Help or Hurt Your Defense?
A very common misconception that Connecticut residents have is that refusing a breath test is a way of cheating the system. But the reality is that you aren’t doing yourself any favors by refusing a breath test in the vast majority of situations.
Firstly, refusing a breath test comes with immediate consequences, which can complicate your DUI case. Prosecutors may also use your refusal against you, especially if you have a history of prior DUI arrests or convictions.
However, it’s also important to remember that refusing a breath test does not mean that you will automatically be convicted of a DUI. In fact, in some situations, refusing a breath test can support your defense strategy later on.
But, in general, most DUI attorneys recommend consenting to a breath test.
Hire an Experienced DUI Attorney Today at Justin C. Pugh & Associates
Connecticut DUI laws can feel very confusing, especially if this is your first time being pulled over for a suspected DUI. That is why it is always best to get the help of a DUI attorney who can help you understand what your rights are, especially if you refused the breath test.
At Justin C. Pugh & Associates, we prioritize each and every one of our clients, equipping them with the knowledge and legal representation they need to navigate DUI charges in Connecticut. For legal representation from an experienced Fairfield County DUI lawyer, contact us today at 203-658-62514 by filling out our online form.
FAQ Section
Will I automatically lose my license if I refuse a breath test?
You won’t necessarily lose your driver’s license, but it will be automatically suspended by the DMV. How long the suspension lasts will depend on how your DMV hearing goes.
Can the police still arrest me without a breath test result?
A breath test is just one type of evidence used to determine if you are driving under the influence. So, it is very possible for you to still be arrested for a DUI based on other forms of evidence, even if you refuse to take a breath test.
Does refusing a breath test mean I will avoid a DUI conviction?
No. Although a breath test is a common source of evidence in DUI cases, you could still face a DUI conviction without it.
Should I contact a DUI attorney after refusing a breath test?
Yes, in fact, you should get in touch with a DUI attorney in Connecticut whether you have consented or refused to take a breath test. An attorney can protect your rights as you are navigating DUI charges, as well as help you come up with the best possible defense strategy.