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Should I Refuse a Breath Test During a DUI Arrest?

The short answer...maybe.


Whether or not you should refuse the breath test during a DUI arrest depends on certain facts and circumstances of your case. Certain circumstances may justify your denial of the test. Those circumstances are; if you are a repeat offender, if you have been in a serious accident, or if there are children in the car.


Keep in mind, that just because you refuse the test does not mean you will not be charged with a DUI. The State will most likely still charge you with the offense and use other evidence to suggest you were driving under the influence. The refusal of the test will also be used against you in court.


What are the consequences of refusing a breath test?

The following chart outlines the consequences you face from refusing a breath test. These penalties are automatic from the Connecticut Department of Motor Vehicles (DMV). Upon your arrest the police officer will revoke your license for 24 hours and contact the DMV to subsequently enforce the following penalties. In addition, you will face further penalties from the criminal court if convicted of a DUI.


What are the consequences of failing a breath test?

The following chart outlines the consequences you face from failing a breath test. These penalties are automatic from the Connecticut Department of Motor Vehicles (DMV). Upon your arrest the police officer will revoke your license for 24 hours and contact the DMV to subsequently enforce the following penalties; these consequences are outlined in the "Failing the Breath Test" chart. You will also face further consequences from the criminal court if you are convicted of a DUI. The potential consequences from the criminal court are outlined in the "Conviction of DUI" chart.



The penalties you face are even greater if you; hold a CDL, are under the age of 21, or had a Blood Alcohol Content (BAC) over .16. Being arrested for a DUI is a serious offense which will result in serious consequences. It is important that you hire an experienced DUI Attorney to help you through this process. It can be confusing and have a significant impact on your life for years to come. If you have been arrested for a DUI call, The Law Office of Attorney Patrick C. Roy today for your free consultation.



Sources:

Connecticut Department of Motor Vehicles

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