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Should I Refuse the Breath Test During a Connecticut DUI/DWI Arrest?

Criminal Defense, DUI
Should I Refuse the Breath Test During a Connecticut DUI/DWI Arrest?
  • Refusing the breath test in Connecticut can have a big impact on your license suspension.

  • You have the right to refuse a blood alcohol breath test, but refusing the test gets your license suspended for a year.
  • You should usually refuse the DUI breath test if you have been in an accident with serious physical injuries, or are a repeat Connecticut DUI / DWI offender.
  • The Connecticut Appellate Court recently called out Connecticut police for not properly documenting breath test refusals.
  • As a result of this major decision, top Connecticut DUI / DWI lawyers may be able to save your license from suspension!

What Happens to My License if I Am Arrested for a DUI?

A Connecticut arrest DUI/DWI under CGS § 14-227a will result in your license being suspended by the Connecticut Department of Motor Vehicles. The police will notify the DMV of your arrest, and the DMV will in turn notify you that they are planning to suspend your license.

How Long Will My License Be Suspended for a Connecticut DUI / DWI Arrest?

If you fail the breathalyzer test at the police station, then you are facing a 45-day license suspension followed by 6 months of having to use an ignition interlock device (an “IID”) in any car you own. If you refuse the breathalyzer, you are facing a license suspension of 45 days followed by a one year IID requirement.

Should I Refuse The Breathalyzer Test?

It depends. Whether or not you should refuse a breathalyzer test is entirely case specific and you should consult with any of the best DUI/DWI criminal attorneys and lawyers in Stamford or Greenwich Connecticut for advice. The most common advice given is to refuse the breathalyzer test if you are a repeat offender, have been in a serious accident, or have children in the car with you.

Can I Beat the DMV License Suspension??

Possibly. For your Connecticut DUI “per se” suspension to be upheld by the DMV, the police reports need to prove 4 elements (and they usually do): (1) there was probable cause for your arrest; (2) you were placed under arrest; (3) you were operating the motor vehicle; and (4) your breathalyzer results were above .08 OR you refused the breathalyzer test.

Connecticut Appellate Court Takes Connecticut Police To Task on Refusal Cases

Recently, a Connecticut court case gave people hope for winning DMV suspension hearings when drivers have refused the breath test.

The Connecticut Appellate Court recently clarified in Fernschild v. Commissioner of Motor Vehicles, that the police need to show substantial evidence that you refused the breathalyzer test.

What does “SUBSTANTIAL EVIDENCE” mean?

It means the police need to write more than “defendant refused test” in their police reports. Before this case, the police merely needed to utter the magic words “defendant refused” and poof, your license was gone.

Now, Connecticut police need to support the magic words with evidence of how you refused. They need to be specific – did you say the word “no”? Did you shake your head? Did you refuse to even acknowledge the fact that you are being asked to take a breath test?

Any top Connecticut DWI / DUI attorney lawyer can leverage this game-changing appellate court decision to your advantage and win back your license with no IID hassle or requirement.

Contact a Connecticut DUI / DWI Lawyer Today

So if you have been arrested for DUI / DWI / OUI in violation of CGS § 14-227a, then contact any of the DUI attorneys at Mark Sherman Law today. The Firm gets results by crafting defense strategies that increase the chances of your license being reinstated with the DMV and that could also lead to the dismissal of your pending DUI criminal case. You can check out the hundreds of Avvo.com reviews at this link to see what our former DUI / DWI clients think of the job we do. If you like what you see, give us a call today. We are available 24/7 at (203) 358-4700.

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