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Chemical BAC Test in Connecticut

Implied Consent & Penalties for Test Refusal

If a law enforcement officer pulls you over and suspects you have been driving under the influence, they may ask you to take a breath, urine, or blood test that will measure your Blood Alcohol Concentration (BAC) level. When asked to take a chemical BAC test, you do have a constitutional right to refuse, but because Connecticut is an "implied consent" state, your refusal to submit to the test will automatically lead to a fine and license suspension. Furthermore, refusal to take a test may give the impression that you know you are guilty.

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Should I Refuse a Chemical BAC Test?

When a police officer asks you to submit to a test, the officer is required to give you an Implied Consent Advisory, which informs you of the consequences you will face for refusal. Many times, the penalties that you face for refusal are worse than those for if you are found guilty of DUI. The prosecution is also able to use this refusal in their case against you.

In most instances, if you are being asked to take a chemical test, it is probably in your best interests to consent to the test. Even if the results do not return in your favor, there are plenty of ways a skilled DUI defense attorney can challenge the results and defend you against penalties. In other instances, such as for those who already have prior DUI convictions, refusing a chemical BAC test may actually work to your advantage.

Consequences for Refusing a BAC Test

The license suspension penalties for refusing a BAC chemical test in Connecticut are:

  • 45 days followed by 1 year with an IID for the first offense
  • 45 days followed by 2 years with an IID for the second offense
  • 45 days followed by 3 years with an IID for the third offense

Defending Clients Against DUI Charges

If you are facing fines, license suspensions, jail time, and other consequences due to a chemical BAC test refusal or because the test you took led to an arrest and charges, our Connecticut DUI lawyers at Tomeo Sills, LLC can help. We have in-depth experience in defending clients against all types of DUI charges. We can put together a detailed, comprehensive, and effective case on your behalf. Our goal is to have the charges reduced or even dropped, and for you to avoid the harshest penalties.

For more information about your options, contact us as soon as possible.

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