The police in New Britain and throughout Connecticut use several types of tests for driving under the influence (DUI) cases. These include breath, urine, and blood tests that assess a driver’s blood alcohol content or the presence of any other substances in their system.
Although you do not have to submit to testing, refusing a DUI test in New Britain has consequences. You face license suspensions and other administrative penalties from the Department of Motor Vehicles. A lawyer at Ruane Attorneys could further explain the potential penalties of a DUI test refusal and help build a defense on your behalf.
Types of Alcohol and Drug Tests in New Britain
The most common test in DUI cases is the breath test, which involves blowing into a machine to determine whether a driver’s blood alcohol content is above 0.08. If an arrested person blows under a 0.08, the police may request a urine sample, hoping to find illegal substances in the person’s system. Urine tests are rare in DUI cases, as are blood tests, which would be administered at a hospital or by an EMT. Each type of DUI test comes with specific procedures and potential issues, which a New Britain attorney at our firm could raise to challenge the results.
Reasons for Refusing a DUI Test
If a driver is ill or has recently thrown up, this may be a justifiable reason for refusing a breath test. Regurgitation will skew the test results by bringing the stomach contents back into the mouth. However, the police may still request the test. In these situations, a local attorney could explain the driver’s medical reasons and work to prevent the consequences of a DUI test refusal.
Reasons for refusing a blood test may include religious beliefs, medical conditions, or a fear of needles. Our New Britain attorneys could collect the necessary documentation to clearly explain a driver’s reason for refusing a DUI test in court.
Consequences of Refusing a DUI Test
When a driver refuses a breath test, a second police officer must observe the refusal in addition to the arresting officer. Their refusal will lead to a 45-day license suspension and other issues. Connecticut’s DMV penalties are unique for cases involving DUI test refusals, as our New Britain lawyers can explain.
A driver who takes a breath test over the legal limit will have their license suspended for 45 days, after which they must use an ignition interlock device (IID) until the end of a six-month period. If caught driving without the IID, they face a minimum of 30 days in jail.
If the driver refuses the test, their license will also be suspended for 45 days. However, the IID period will be much longer than if they took the test and failed. The driver must use an IID for the remainder of the year after their arrest and license suspension.
Enrolling in a DUI Education Course
The alcohol education course is available to anyone arrested for DUI, whether they failed or refused a test. The benefit is that their DUI case will be dismissed after paying the fee and attending the meetings. Although attending an education course is not required for someone who refuses a DUI test, this can be a beneficial way to secure a record expungement without risking a trial.
Discuss DUI Test Refusals with a New Britain Lawyer
Understanding your legal rights as a driver is essential to protect yourself and your future after a DUI stop. You have the right to refuse a breath, urine, or blood test, even if the police request that you take one. However, your refusal will come with consequences, including a license suspension.
Learn more about the repercussions of refusing a DUI test in New Britain by speaking with an attorney at our firm. Avoiding a test in specific scenarios may be beneficial, and our legal team can help explain your reasons to the court. Contact Ruane Attorneys today to discuss your case.