If you are pulled over for a suspected DUI, you need to know your rights. You may be asked to partake in a number of assessments, including a blood, urine, or breathalyzer test. Legally, you can refuse to do these. However, you should understand the potential consequences of doing so beforehand. The knowledgeable team from The Law Office of Gregory G. St. John, LLC in Waterbury, CT, explains what to know about your DUI defense options.

DUI Defense: Should You Refuse the Breathalyzer?

The Test

If an officer has probable cause to believe you were driving under the influence, they may ask you take a blood alcohol test. The test must be administered within two hours of when you were driving. In the state of Connecticut, you may refuse it without facing any legal repercussions. However, the officer may then request you take a breathalyzer. Beforehand, they are legally required to read your constitutional rights, and you’ll learn you can ask for an attorney first. 

The Consequences

If you refuse, your license will be suspended. Your unwillingness to take the test may also be used against you if your case goes to court. Upon refusal, the arresting officer will revoke your license, effective immediately. Within three days, the law enforcement agent needs to complete a sworn report detailing the incident.

The officer needs to explain why there are grounds to believe you were driving under the influence, explain you refused the test, and cite at least one witness who can verify this information. Upon your request, your case can be heard before the Department of Motor Vehicles, where you will have an opportunity to argue your side.

The Bottom Line

Even though you have the legal right to refuse the breathalyzer, in the state of Connecticut, penalties are generally harsher for those who do so. The prosecutor will likely argue you refused the test because you were aware you were driving under the influence.

If you’re struggling with a case, contact experienced DUI defense attorneys. The team from The Law Office of Gregory G. St. John, LLC, wants to help you secure a favorable outcome. Schedule your complimentary consultation when you call today at (203) 759-0240. To learn more, visit the website.