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Driving under the influence of alcohol or drugs is a criminal offense in Connecticut. It can result in driver’s license forfeiture, costly fines, and even jail time. If you’re suspected of driving under the influence (DUI), having a clear understanding of your rights and standard DUI procedures will give you a better idea of how to handle yourself when confronted with a DUI test — and if necessary, how to follow up with an attorney. Here’s what you need to know about DUI testing laws in Connecticut. 

Types of DUI Testing

Under the state’s Implied Consent Law, drivers are presumed to automatically give consent to DUI testing. A police officer will issue a blood, urine, or breathalyzer test. A blood alcohol concentration (BAC) of 0.02 and higher for drivers under 21 years old meets the legal definition of intoxication, while 0.08 is the minimum for those 21 and older. If you end up speaking to an attorney, it’s important to know that the deciding factor on how a DUI offense is handled in court is whether the impairment affects your ability to drive.

Consequences for Test Failure

attorneyWhen a driver fails a DUI test, an arrest report is sent to the Department of Motor Vehicles (DMV) to suspend their license. They are also required to put an ignition interlock device (IID) on their vehicle after their license is restored. For a first offense, drivers under 21 must keep the IID in place for 1 year, while third-offense drivers cannot remove it for 3 years. First-offense drivers 21 and older must keep it on for 6 months, while third-offense drivers cannot remove it for 2 years.

Under Connecticut’s criminal law guidelines, drivers arrested on DUI charges must also appear in court. A first conviction includes IDD terms and license suspensions. A second conviction adds drug and alcohol treatment, driving restrictions, and meetings with probation officers. Drivers’ licenses are permanently revoked upon their third conviction. Due to these potentially severe consequences, you should seek out an experienced DUI defense attorney.

Consequences for Refusing DUI Tests

The results of refusing to take a urine, blood, or breathalyzer test are similar to failing it. An arrest report is still sent to the DMV, and your license is still suspended. All drivers are subjects to a one-year IID for the first offense, two years for the second, and three years for the third. However, you will be allowed to call an attorney before deciding whether you should take the test.

 

 

For expert legal advice for your DUI defense, contact Gilbert P. Kaback, Attorney at Law in Colchester, CT. He has been providing counsel to residents in New London County for the past two decades. To schedule a consultation with this experienced attorney, call (860) 537-0874. Visit the law firm online for a closer look at how they can help you, and follow them on Facebook for updates and announcements. 

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