If you have been pulled over for a suspected DUI in Connecticut, you may be wondering what comes next? Well, firstly, you will need to understand what the legal alcohol limit is in Connecticut. Blood alcohol content tests can have a huge impact on your case and dictate whether or not you receive any DUI charges.
At Justin C. Pugh & Associates, our DUI defense lawyers in Fairfield County, Connecticut, are committed to providing our clients with the legal representation they need if they are suspected of a DUI. So, keep reading to find out what the legal alcohol limit is in Connecticut and how BAC is used in DUI cases.
Legal BAC Limits in Connecticut
It’s important to understand what is considered drunk driving in Connecticut, as the laws are different in every state. In Connecticut, the legal alcohol limit is 0.08 or above, which is a reading that could result in a DUI. If you are 21 or younger, you are considered to be legally intoxicated if your BAC is 0.02 or above.
For commercial drivers, the BAC limit in Connecticut is as low as 0.04.
How BAC Is Measured During a DUI Investigation
The standard way that BAC is measured after someone is pulled over for a suspected DUI is with a breathalyzer. A breathalyzer test can be administered by a police officer when they pull a driver over. The driver blows into the machine, and the test results are available immediately.
Blood tests can also be used to measure BAC, but cannot be administered by a police officer. This test requires a medical professional who can draw blood and send the sample to a lab for testing. Another less common way of measuring BAC is with a urine sample.
The timing of these tests is very important since BAC tests will detect alcohol to a much higher degree depending on how long it has been since you last drank. So, depending on the circumstances, the timing of the test can either support your case or work against it.
Challenges to BAC Evidence
Although BAC evidence may seem straightforward, it isn’t always conclusive or entirely reliable. This can help to support your case by creating gaps or inconsistencies that discredit all or at least some of the BAC evidence being used against you.
Here are some examples of how DUI breathalyzer test evidence can be challenged in a Connecticut DUI case:
- Accuracy: Your attorney can argue that the test result isn’t entirely accurate or that the testing device wasn’t calibrated correctly.
- Administration: The BAC test may not have been administered properly, resulting in untrustworthy evidence.
- Medical condition: Certain medical conditions, such as acid reflux or heartburn, can lead to false high BAC readings.
- Contamination: Whether the BAC test is breath, blood, or urine based, there is always the risk of contamination, which can alter the test result.
No matter the details of your case, it’s important that you seek representation from a DUI attorney in Connecticut. An attorney can help you come up with a defense strategy to challenge the BAC evidence being used against you.
What Happens If You Refuse a BAC Test
When you get your driver’s license in Connecticut, you are giving your consent that you will uphold safe driving standards. And in Connecticut, there is an implied consent law, which presumes that all drivers have given their permission to perform a BAC test if asked to do so.
Because of the implied consent law, if you refuse to take a breathalyzer test when pulled over for a suspected DUI, this will result in an immediate administrative license suspension. How long the suspension lasts is dependent on your driving history and whether or not this is your first time refusing a BAC.
So, if you are pulled over and a police officer wants to perform a breathalyzer test, you should agree to it. Cooperating is the best course of action, and your Fairfield County DUI defense lawyer can help you deal with whatever your BAC results are later on.
Hire an Experienced DUI Attorney Today at Justin C. Pugh & Associates
DUI charges in Connecticut can come with serious repercussions that can have a long-lasting effect on your life. That is why you should be aware of how BAC is tested and how this evidence is used in court.
At Justin C. Pugh & Associates, we strive to provide the legal representation our clients need as they navigate DUI charges and the possible repercussions of this. For legal representation from a DUI lawyer, contact us today at 203-658-6251 or by filling out our online form.
FAQ Section
What is the legal BAC limit in Connecticut?
For adults over 21, the BAC limit is 0.08 and is lowered to 0.04 for commercial drivers. Whereas, for drivers 21 years old or younger, the limit is 0.02.
Can I be charged with a DUI if my BAC is below the legal limit?
Although less common, it is possible to be charged for a DUI if your BAC is under the legal limit. This is usually the case if there is clear evidence showing that you were too impaired to safely drive due to alcohol or drugs.
How accurate are breathalyzer tests in Connecticut?
It’s estimated that there is at least a 5% margin of error, specifically when it comes to breathalyzer tests. This is also dependent on whether or not the breathalyzer has been calibrated correctly and administered correctly by the police officer.
What happens if my BAC test was taken long after I was driving?
This can result in a false BAC reading that can be unfairly high, making it an inaccurate way of determining whether or not the driver was intoxicated.
Can BAC results be thrown out of court?
Yes. There are instances where BAC test results may be thrown out of court if it can be proved that the results are not accurate. The test may not have been administered correctly, may not be accurate, or may have been contaminated in some way.