If you are pulled over in Bridgeport, Connecticut, and the police officer suspects that you are driving under the influence of alcohol, they may ask you to do several things. One way that they will try to determine if you are indeed under the influence is by asking you to perform standardized field sobriety tests. Another common way that they try to determine if you are intoxicated is by asking you to submit to a breath test. Whether you should or should not submit to such a test might be a question on your mind. While each situation is different, there are a few things that you need to know about submitting or refusing to such a test.
There is an implied consent law throughout the state of Connecticut. This law means that by driving on Connecticut roadways, you implicitly agree to submit to a breath test if you are asked to do so by a member of law enforcement. You do have the right to refuse a breath test, but it means that you will be in violation of the implied consent law. Simply refusing to submit a breath test when asked will result in an automatic suspension of your driver’s license. Of course, you still may be arrested for DUI and face an additional driver’s license suspension as well as other penalties.
So, should you submit to the breath test? Every situation is different, but if you want to avoid this automatic license suspension, you need to take the test. A Bridgeport DUI defense lawyer can contest the results of this breath test later on if you do fail it. There are many factors that go into the breath test’s accuracy that can be called into question by a good lawyer.
Call us today to schedule a free consultation with my team. Hope will not fix your Connecticut DUI charge. Contacting us can!
While breath tests are supposed to be scientifically accurate, the truth is that there are oftentimes issues with the devices themselves, calibration, the administering of the test, and the reading of the results. At every step in the process there is room for error. A DUI lawyer trained in the science behind these breath tests can examine every step and determine if errors were made which could make the test results inaccurate.
What’s more, breath tests operate on a basis of using a baseline to determine if a person’s blood alcohol content is too high. However, there really is no “normal” baseline because everyone is so different. Factors such as gender, age, body temperature, medical conditions, medications you are taking, weight, and height can mean that you don’t fit the “normal” baseline. Even things like if you recently smoked a cigarette, burped, or eaten could skew the results of a breath test. As you can see, there is significant room for error.
Because of this fluctuation from person to person, scientists estimate that there can actually be at least a .03% error with the breath test depending on the person. When the legal limit is .08% blood alcohol content, .03% can make a huge difference! It can take you from under the limit to over the limit very quickly.
If you take and fail a breath test, all is not lost. Contact our team to learn about possible defense to the test results or other elements that led to your arrest. We are here to fight for you!
Get your free copy of Teresa's eBook on surviving a Connecticut DUI. Delivered right to your inbox.