DUIs & the Breathalyzer in Connecticut: What You Should Know
Getting pulled over by the police and accused of driving under the influence can easily be one of the most stressful experiences of your life. Between the flashing lights, the cars zooming by you, and the officer’s questions, the entire experience can all happen so fast and before you know it, you’re agreeing to blow into a breathalyzer at the police station. What you do in that moment can have major impacts on your life and on your case.
If you’re being investigated for a DUI or have been arrested for a DUI in Connecticut, you were likely asked to take the breathalyzer. Here’s what you should know about the breathalyzer and how taking it or refusing it could affect your rights and your license.
The Two Sides of a DUI Case
In every Connecticut DUI arrest, there are actually two separate cases:
1) The criminal case, which takes place in a superior court that depends on the location of the arrest.
2) The DMV case, which is handled administratively and only deals with your driver’s license and whether it is going to be suspended or not.
Both cases begin the moment you’re charged with a DUI in Connecticut. You will immediately receive a notice of your court date after being released after an arrest (criminal case) and you will receive a notice of license suspension in the mail from the DMV (DMV case). The breathalyzer plays a key role in both of these cases.
What Happens If You Take the Breathalyzer
If you agree to take the breathalyzer test, the results will likely be used as evidence against you in the criminal case. In some cases, the police officer may ask you to take a urine test instead, if you are suspected to be under the influence of drugs, rather than alcohol. In other cases, generally in cases where there is a motor vehicle accident, and you are taken to the hospital, the police will obtain your blood test results, if you are suspected to have been driving under the influence.
A BAC (blood alcohol content) of 0.08% or higher is considered over the legal limit for most drivers (0.04% for CDL holders and 0.02% for underage drivers).
A BAC of 0.08% or lower can still lead to a DUI arrest, if the officer believed that your ability to drive was impaired.
In the DMV case, a test result over the legal limit will trigger a license suspension, sometimes, before you even go to court. The length of the suspension can depend on several factors, including your BAC level, driving record, and how many DUIs you have previously received.
What Happens If You Refuse the Breathalyzer
Under Connecticut’s implied consent law, every single driver gives implied consent to alcohol testing each time they drive on public roads. This means that refusing to take the breathalyzer (or blood/urine), results in an automatic violation of the implied consent law. This type of violation carries penalties with the DMV, regardless of the result of the criminal case.
There are 2 main consequences of refusing the breathalyzer:
1) Your license will automatically face suspension with the DMV and you will receive a notice of suspension in the mail. This suspension will be longer than if you had taken the breathalyzer and failed.
2) The refusal to take the breathalyzer can be used as evidence against you in criminal court as “consciousness of guilt.”
How a DUI Attorney Can Help
An experienced DUI defense attorney can:
Review the standardized field sobriety testing and the officer’s procedures during the stop,
Challenge the legality of the stop or arrest,
Work to minimize the criminal penalties of a DUI,
Assist you with alternatives to license suspension,
Explore programs like the Impaired Driving Intervention Program or other options to resolve the case
If you or a loved one are being investigated for a DUI or have been arrested for a DUI, contact Emily Shouse today to schedule a free, confidential consultation to learn more.
