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Menu
  • About
  • Pre-Arrest
    • Alcohol’s Impact on the Body
    • Am I Ok to Drive?
    • Implied Consent
      • Breath Testing
      • Draeger 9250
      • Refusing a Breathalyzer
    • Connecticut Police
      • The Phases of Police Detection
      • Initial Stops
    • National Standardized Field Sobriety Tests
      • Connecticut DUI Field Sobriety Tests
      • One Leg Stand Test
      • Walk and Turn Test
      • Horizontal Gaze Nystagmus Test
      • Unvalidated DUI Field Tests
      • Drug Tests at the Field
    • Drug Tests at the Police Station
    • Passengers in DUI
  • Court Process
    • Hiring a Lawyer
      • Why You Need a Lawyer
      • Finding an Attorney
      • Retaining an Attorney
      • How a Lawyer Helps
    • Connecticut DUI General Statutes
    • Open Container Laws
    • Underage Drinking Laws
    • Connecticut DUI Arrest
      • After DUI Arrest
    • DUI Basics
      • First Steps in DUI Case
      • Important DUI Cases
      • Common Defenses
      • How to Conduct Yourself in Court
    • DUI Case and Personal Injury Case
      • Getting Sued
      • DUIs and Hit and Runs
      • DUI and Additional Crimes
    • CT DUI vs. NY DWAI
    • Connecticut vs. Out of State DUI
      • Out of State DUI
      • What If I’m a Connecticut Resident?
      • Similarities and Differences
      • Fighting an Out of State DUI
      • Hiring an Out of State Lawyer
      • Out of State License Suspensions
      • DUI in Another Country
    • Boating Under the Influence General Statutes
    • The Criminal Court Process
      • Obtaining Documents
      • Filing Motions
      • Ways to Plead
      • People Involved in a DUI Case
      • How to Conduct Yourself in Court
  • DMV Process
    • DMV Information
    • The DMV Process for Connecticut DUI
    • Court Hearing vs. DMV Hearing
      • Burden of Proof
    • Driver’s License Points
    • Types of Driver’s License Suspensions
      • DMV Suspensions
      • Suspended License Reinstatement
  • DUI Consequences
    • Impact on CDL
    • DUI Penalties
    • Sentencing
      • Alternatives to Jail
      • Alcohol Education Program (AEP)
        • What is It?
        • Should You Apply?
    • DUI Impact
      • Impact on a Taxi Driving Career
      • Impact on a Bus Driving Career
      • Impact on Pilot Career
      • Impact on Doctor Career
      • Impact on Nursing Career
      • Impact on Teaching Career
      • Impact on a Military Career
      • Impact on College Career
    • Vehicle Confiscation
    • Car Insurance Issues
    • Elevated BAC
      • Elevated BAC Penalties
    • Suspending a License
      • Driving with a Suspended License
    • Work and Education Permits
    • What You Can’t Do After a DUI
    • Getting a Pardon
  • Drug DUI
    • Drug DUI vs. Alcohol DUI
    • Marijuana and DUI
    • Prescription Drugs and DUI
    • Drug DUI and Minors
    • Common Drug DUI Defenses
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Can I Refuse a Breathalyzer Test if Pulled Over for a Connecticut DUI?

One question that I get asked a lot as a DUI lawyer is, “Can I refuse a breathalyzer test? And if so, should I?” Whether you consumed alcohol or not, if pulled over by a police officer and they ask you to take a breath test, you might wonder how you should respond. In many states, it is against the law to refuse a breath test, whether you have or have not been drinking. However, in the state of Connecticut, this is not the case.

Implied Consent

Most states in America use implied consent laws in some way or another. Implied consent laws mean that because you have chosen to drive a vehicle, you have automatically consented to any urine, blood, or breath tests asked of you. As soon as you sign for your driver’s license, you become subject to the implied consent laws. This means that in states that follow the implied consent laws, refusing a breath test or any other test will result in an automatic suspension of your license, whether you are guilty of driving under the influence or not.

Refusing the Breathalyzer

While it is not illegal to refuse a breathalyzer test in Connecticut, the refusal will lead to more severe consequences. If you refuse to take the breathalyzer test, a first offense will result in a six month license suspension. Refusal upon a second offense will result in a license suspension of one year, and refusal upon a third incident will result in a three year license suspension.

If you are under the age of 18 and you refuse the breath test, the first suspension for refusal is 18 months, the second lasts for three years, and the third suspension will last for six years if you refuse the breath test. If you are under 21 but over the age of 18, a first time refusal will result in a license suspension of one year, a second time refusal will result in a suspension for two years, and a third refusal will result in a suspension of six years. These are automatic suspensions based on refusal alone. However, in some cases you can obtain a work permit or education permit that allows you to drive to and from work or school. If convicted of a DUI, you will receive additional punishments such as fines, community service, and even jail time.

When pulled over and the officer suspects that you have consumed alcohol, they might ask you to take a breath test. If you choose to refuse the breath test, this will have consequences of its own. In the long run, you will probably face larger fines and a longer suspension of your license if you refuse to take the breath test. If you have questions about a specific situation, you can contact me here for more personalized legal advice on taking breathalyzer tests.

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