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Steven A. Tomeo & Associates, LLC

The arresting officer has the right to ask you to take the test he wants you to take as long as it is a Breath Test, Urine Test or Blood Test. You either take the test he wants you to take or he will say you refused to take the test and you will lose your license for at least six (6) months. The test you take is at the option of the police officer. However, if the person refuses or is unable to submit to a blood test, the police officer shall designate the breath or urine test as the test to be taken. The police officer must give you an Implied consent advisory, which is as follows:

Page 2 of the A44 Report states: “Operator was informed of the following: You are requested to submit to a blood, breath, or urine test chosen by the police officer. You may refuse a blood test, in which case another test will be selected. If you elect to submit to testing, you will be required to provide two samples. If you refuse to submit, the tests will result in the revocation of your operator’s license for twenty four (24) hours and the suspension of your operator’s license for at least six (6) months. If you submit to the tests, and the results indicate that you have an elevated blood alcohol content, your operator’s license will be revoked for twenty four (24) hours and will be suspended for at least ninety (90) days. If you hold a commercial driver’s license (CDL), your CDL will be disqualified for at least one (1) year. Furthermore, if you were operating a commercial motor vehicle (CMV) and do not hold a CDL, your privilege to obtain a CDL as well as your privilege to operate a CMV will be disqualified for at least one (1) year. If you hold an operator’s license from a state other than Connecticut, your driving privilege in Connecticut is subject to the same revocation and suspension penalties. The result of the tests or the fact of a refusal may be admissible in evidence against you in a criminal prosecution for driving under the influence of alcohol and/or drugs, or other offense, and evidence of a refusal may be used against you in any criminal prosecution. “It should be noted as a general rule that the first test given should be within 2 hours of operation and the second test not less than 10 minutes after the first.

Demonstrative Evidence:

Evidence that illustrates or helps explain oral testimony, or recreates a tangible thing, occurrence, event, or experiment.

The Need for Blood Alcohol Testing:

Information regarding the different types of chemical tests and how they work.

About Alcohol Testing:

Answers to such questions as: why breath, what technology is used and who uses the instruments.


(860) 764-2744

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