Breathalyzer Test for DUI and Accompanying License Suspensions

For a free consultation with an experienced criminal defense attorney, please call the offices of Maya Murphy, P.C. today at (203) 221-3100 or Joseph C. Maya, Esq. at JMaya@Mayalaw.com.

In Connecticut, if a driver is arrested for driving under the influence (DUI), the operator is required to submit to a breathalyzer test ordered by the police officer under the State’s “implied consent” law, which states that if a driver is lawfully arrested by an officer who has probable cause to believe that he or she has been driving under the influence, the driver thereby consents to the taking of a chemical test of his or her blood, breath, or urine to determine the driver’s blood alcohol content (BAC).   At this point, there is a decision that needs to be made by the driver who is under arrest as to whether he or she agrees to take the test, or decides to refuse.  Putting criminal penalties aside, if an individual refuses to take the breathalyzer test, a driver who refuses a BAC test will face an automatic six (6) month driver’s license suspension, regardless of the outcome of any criminal case. Upon a second refusal, this administrative penalty could increase to one (1) year if the individual has a previous conviction for DUI, and three (3) years for a third and any further subsequent offense.

However, if a driver agrees to take the breathalyzer test, the length of the accompanying driver’s license suspension is based upon the percentage of alcohol found in the driver’s blood.  If a test results in a BAC of .08% to .15%, the operator’s driver’s license will be suspended for ninety (90) days for their first offense.  If this is the operator’s second offense (with either a conviction or guilty plea within the past 10 years) and the BAC is found to be .08% to .15%, the operator’s driver’s license will be suspended for nine (9) months.  For the third and each subsequent offense, an individual who obtains a BAC of .08% to .15% will have their driver’s license suspended for two (2) years.

Any individual who takes the breathalyzer test and obtains a BAC level of .16% or higher can expect the most severe driver’s license suspensions.  For any first offense, an individual will have their driver’s license suspended for one hundred twenty (120) days.  For a second offense, if an individual obtains a BAC of .16% or higher, their driver’s license will be suspended for ten (10) months, and if an individual obtains a BAC of .16% or higher for a third DUI offense, their driver’s license will be suspended for two and one-half (2.5) years.

Upon the initial suspension of a driver’s license, a hearing will be scheduled with the Department of Motor Vehicles where the driver will have the ability to prove (by a preponderance of the evidence), that the stop by an officer was improper and therefore, their driver’s license should not be suspended.  It should be noted that this hearing is unrelated to any related criminal proceedings that result from the arrest.

Connecticut’s implied consent laws require driver’s being investigated for alcohol related offenses to submit to a breathalyzer test provided by the investigating officer.  However, taking or refusing to take the breathalyzer can have a profound impact upon drivers and their lives moving forward.

If you have been arrested and charged with a driving under the influence related offense, contact the experienced criminal law attorneys today at 203-221-3100, or by email at JMaya@mayalaw.com.  We have the experience and knowledge you need at this critical juncture. We serve clients throughout Connecticut and all of Fairfield County, from Greenwich and Stamford to Westport and Bridgeport.

Source: ct.gov/dmv