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Steven A. Tomeo & Associates, LLC

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Steven A. Tomeo & Associates, LLC

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.

Schedule a free consultation to discuss your case today!

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. You should consult with an attorney on this. If you have never been arrested for a DUI in the past, take the Chemical BAC Test. However, if arrested for a DUI and in Court you will be facing a Felony Conviction—meaning you have had one conviction within the previous 10 years—I recommend not taking the test. The prosecution is able to use a refusal in their Court case against you. This decision is an important one and should be made after consultation with a DUI attorney.

Consequences for Refusing a BAC Test

THE FOLLOWING PERTAINS TO COURT CONVICTIONS AND NOT THE ADMINISTRATIVE PER SE SUSPENSION HEARING.

 Conviction on or after July 1, 2015

First Conviction

45-day license suspension

If the 45-day suspension for failing or refusing a chemical test for the same arrest has already been served, may be eligible for restoration immediately if there are no other suspensions.

Must install Ignition Interlock Device (IID)

IID required for one year following restoration, or for the duration required under the Administrative Per Se law, whichever is longer.

If already reinstated with an IID following the suspension for failing or refusing a chemical test for the same arrest, the IID will be credited toward completion of the one-year requirement.

A first conviction under §14-227n has the same penalties as a second conviction.

Second Conviction

45-day license suspension

If the 45-day suspension for failing or refusing a chemical test for the same arrest has already been served, may be eligible for restoration immediately if there are no other suspensions.

Must install Ignition Interlock Device (IID)

IID required for three years following restoration:

During the first year of this three-year period you may drive only to or from work, school, an alcohol, or drug abuse treatment program, an IID service center, or an appointment with a probation officer.

If already reinstated with an IID following the suspension for failing or refusing a chemical test for the same arrest, the IID will be credited toward completion of the three-year requirement.

Third or Subsequent Conviction

Permanent revocation of license

Must wait at least two years from the date of revocation to request a hearing for reconsideration.

 
THE FOLLOWING PERTAINS TO THE DMV ADMINISTRATIVE PER SE HEARING.

  1. Administrative Per Se through DMV for failing or refusing a chemical alcohol test

When a driver is arrested and charged with operating under the influence of alcohol or drugs, the arrest report is sent to DMV. Upon receipt of the arrest report, DMV imposes a suspension under Connecticut General Statute §14-227b for the failure of the blood, breath or urine test (whichever is requested by the arresting officer) or for the refusal to submit to the test. In most cases, the suspension will begin 30 days after the arrest date. The license suspension is based on the arrest information and is separate from any penalties or requirements that may be imposed as a result of the court case.

A notice of suspension will be mailed to the address of record allowing you seven days to request a hearing. If you wish to request a hearing, call the Administrative Per Se Unit at 860-263-5204 (8:30a.m. to 4:30 p.m. Monday through Friday) before the deadline stated on your suspension notice.

You may also contact the Administrative Per Se Unit to request a hearing by email at DMV.AdminPerse@ct.gov

Beginning with arrest dates on or after July 1, 2015, all driver license suspensions for failing or refusing a chemical alcohol test will be forty-five (45) days.

Installation of an Ignition Interlock Device (IID) will be required prior to restoration for ALL alcohol-related suspensions. Following restoration, the IID must be maintained for at least the length of time listed below:

 IID requirement for drivers under 21 years old*

Blood Alcohol Level First Offense Second Offense Third or Subsequent Offense
Test results of .02 or higher 1 year 2 years 3 years

IID requirement for drivers 21 Years Old and Older*

Blood Alcohol Level First Offense Second Offense Third or Subsequent Offense
Test results of .08 or higher 6 months 1 year 2 years

IID requirement for ALL drivers*

Refusal of test First Offense Second Offense Third or Subsequent

Offense

Refusal to submit to a breath, urine, or blood test 1 year 2 years 3 years

 
*If you are convicted in court for operating while under the influence of alcohol or drugs under Connecticut General Statute §14-227a, §14-227g, §14-227m, or§14-227n for the same arrest, the IID may be required for a longer term. The IID is required for the duration specified in Connecticut General Statute §14-227b(i), §14-227a(g), §14-227m(c), or §14-227n(c) whichever is longer. See Section 2 below.

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 Steven A. Tomeo & Associates, 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.

STEVEN TOMEO, ESQ.

CALL NOW TO SET UP A FREE CONSULTATION
(860) 764-2744

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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