Breath Test Defense

If you "fail" a breath test according to the police, there are several elements that need to be considered. A defense may be available to challenge the breath test results. First, consider the implied consent implications. Second, consider the biological factors that may alter a breath test and produce an inaccurate reading. You can learn more on this page.


In the state of Connecticut, a police officer may ask you to submit to a breath test, also known as a breathalyzer, if they suspect that you have been driving under the influence. In this section of our website, we provide information about breath testing devices, defenses against results, if you should take them, and more.

First, it is important to understand that Connecticut has an implied consent law. This law states that by driving on Connecticut roads, it is implied that you have consented to perform breathalyzers if prompted to do so by the police. The very act of driving triggers implied consent. As such, a refusal to take a breathalyzer, oftentimes performed using a breathalyzer in this state, will result in an automatic driver’s license suspension, regardless of if you are actually convicted of or even charged with driving under the influence.

There are pros and cons to taking the breath test. Obviously, if you take it, you can avoid the automatic license suspension. However, failing a breath test will give the state evidence against you which can be used to prosecute you for a DUI charge. You can learn more about the pros and cons of taking the breath test here. As always, it is in your best interest to consult with a DUI defense lawyer about taking these tests and defending against a DUI charge.

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Alcohol in the Body

If you are prompted to take a breath test, you probably want more information about how alcohol reacts with the human body and how breath tests can detect alcohol. On this page, we discuss important issues such as:

  • Alcohol absorption in the body.
  • The alcohol content of different beverages.
  • The effects of alcohol in the body.
  • Impairment.
  • Tolerance.
  • Elimination of alcohol.

These factors and more can have an impact on a DUI case.

You can also learn more about impairment at different blood alcohol content (BAC) levels on this page. This might be especially relevant if you have been charged with an elevated BAC, which is anything above .16%.

Defending Yourself

There are many ways to defend yourself against the results of a breath test and a DUI overall. Many factors may impact the reliability of these tests, including your body temperature, bodyweight, illness, improper conducting of the tests, and more. You can learn more about the science behind breath tests and potential issues with these tests here.

If you need to defend yourself against a Connecticut DUI charge and breath test issues, check out the rest of this section for more information. It is also a good idea to contact a lawyer and discuss the specifics of your situation. We are happy to help, simply contact us to set up a free consultation.

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