How Can a Connecticut Criminal Defense Lawyer Fight DUI Test Refusal Charges?

Getting pulled over for a DUI is scary. Getting arrested is even scarier. But refusing the breathalyzer? That can make an already bad situation worse. At least, that’s what they want you to think.

The truth is, refusing the breathalyzer might just be your best defense against a DUI conviction in Connecticut. This article will break down exactly how and why.

Connecticut’s Implied Consent Law

First, let’s look at the law. Connecticut has something called an “implied consent law.” This means that by driving on Connecticut roads, you automatically consent to take a breath, blood, or urine test if an officer suspects you of drunk driving.

At first glance, this makes refusal seem pointless. But in reality, the consequences for refusing are usually less than the consequences for failing the test. Let’s compare:

If You Take the Test and Fail

• Automatic 6-month license suspension
• Up to 6 months in jail for 1st offense
• Fines up to $1,000 for 1st offense
• Ignition interlock device required after suspension
• SR-22 insurance required for 3 years
• Permanent criminal record

If You Refuse the Test

• Automatic 1-year license suspension (though this can sometimes be reduced)
• No jail time
• No fines
• Ignition interlock device required after suspension
• SR-22 insurance required for 3 years
• No permanent criminal record (for 1st offense)

As you can see, the penalties for refusing are actually less severe than for failing the breathalyzer, especially for first-time offenders. The main downside is the 1-year license suspension versus 6 months. But an experienced DUI defense lawyer can often get this reduced.

Fighting the License Suspension

Speaking of license suspensions, did you know you have the right to fight it? Many people don’t realize this.

After refusing the breathalyzer, you’ll receive a suspension notice from the DMV. You then have 7 days to request an administrative hearing. This is your chance to tell your side of the story and try to stop the suspension.

An attorney can help prepare your defense strategy for this hearing. They may argue things like:

• The officer lacked reasonable suspicion for the traffic stop
• The officer didn’t properly administer the breathalyzer test
• There were issues with the breathalyzer machine itself
• You weren’t properly informed of the consequences of refusing

If the hearing is successful, the suspension can be overturned or shortened. This gets your license back faster.

Fighting the DUI Criminal Charges

Even if you refuse the breathalyzer, you can still face DUI criminal charges in Connecticut. But again, a skilled lawyer can fight these charges and get them reduced or dismissed.

Without the breathalyzer evidence, the prosecution’s case is weaker. They have to rely on things like:

• The officer’s observations (smelling alcohol, slurred speech, etc.)
• Your performance on the field sobriety tests
• Any statements you made

A lawyer can often pick apart these types of evidence and raise reasonable doubt. For example, they may argue:

• The officer’s observations were inaccurate or exaggerated
• Field sobriety tests are inherently subjective and unreliable
• Your statements were misinterpreted or taken out of context

In addition, a lawyer can seek to get any unlawfully obtained evidence thrown out. If the traffic stop or arrest was illegal, all evidence stemming from it could be suppressed.

Without the breath test, many DUI cases end up getting dismissed or reduced to lesser charges like reckless driving. This means no jail time, smaller fines, and no permanent criminal record.

Should You Ever Refuse the Test?

In light of all this, is refusing the breathalyzer an automatic yes? Well, not necessarily. Here are some factors to consider:

• Your sobriety level – If you only had one drink, the test could help prove your innocence. If you’re clearly intoxicated, refusal may be wise.
• Your medical conditions – Some conditions like diabetes or acid reflux can cause falsely high BAC readings. Refusing may make sense here.
• Your driving record – If you have prior DUIs, the penalties for another will be harsher, breath test or not.
• The facts of your case – Was the traffic stop obviously illegal? Were your rights violated? This may change the calculation.

There are pros and cons either way. Talk to a DUI lawyer before deciding.

The Bottom Line

Here’s the key takeaways on refusing the breathalyzer in Connecticut:

• Refusal suspensions are usually less severe than DUI convictions
• You can fight the suspension at a DMV hearing
• Without the breath results, DUI charges are much harder to prove
• An attorney can get evidence thrown out if your rights were violated
• Consider your unique case factors before deciding to refuse or not

While refusing the breath test is no magic wand, it can be an effective strategy in the right circumstances. Having an experienced DUI lawyer on your side—one who knows Connecticut’s laws inside and out—makes all the difference.

So if you find those blue lights flashing behind you, know that all hope is not lost. With smart legal moves, you can limit the damage and protect your future.