Connecticut Breath Test Refusal: What Happens When You Refuse the Breathalyzer

If you’ve been pulled over on suspicion of driving under the influence in Connecticut, you may have encountered a critical decision: the breathalyzer test. You might be wondering what would happen if you refused to take it. The answer is complicated and involves both criminal law and administrative penalties under Connecticut’s implied consent statute.

This article explains what happens when you refuse a breathalyzer test in Connecticut, your legal rights, and how an experienced DUI attorney can help protect your license and your freedom.

Refused the breathalyzer? Call (203) 925-9200 for a free consultation.

Connecticut’s Implied Consent Law Explained (CGS 14-227b)

Connecticut Statutes Section 14-227b establishes what’s known as the “implied consent law.” This law is fundamental to understanding your rights and obligations during a DUI stop.

When you operate a motor vehicle in Connecticut, you are deemed to have given your consent to a breath, blood, or urine test if a police officer has reasonable grounds to believe you’ve been driving under the influence. You don’t have to say “yes” to this test. The law doesn’t work that way. Instead, the law presumes that by driving on public roads in Connecticut, you’ve already consented to chemical testing.

This presumed consent means police do not need a warrant to request a chemical test under Connecticut’s implied consent law. They can request it at the roadside or at the police station, and refusal to comply carries serious consequences.

Police are required to advise drivers of the consequences of refusal under Connecticut’s implied consent law. They must also tell you that refusing the test will result in license suspension. This is called the “implied consent warning.”

However, the warning requirement doesn’t mean you can’t refuse. It means the state must prove they gave you the warning if the case goes to court.

What Happens Immediately After You Refuse

If you refuse to take a breathalyzer test, several things happen very quickly.

First, the officer will document your refusal. This refusal becomes a critical piece of evidence in both criminal proceedings and civil administrative hearings.

Second, the officer may attempt to obtain a search warrant for a blood test. If they can convince a judge that there’s probable cause to believe you committed DUI, they can draw your blood without your consent. This happens with increasing frequency in Connecticut DUI cases.

Third, your driver’s license faces immediate jeopardy. Connecticut law provides for an administrative license suspension based solely on your refusal, regardless of whether you’re later convicted of DUI.

You should know that refusing the test does not prevent prosecution. Police can still charge you with DUI based on other evidence, such as field sobriety tests, observations of impairment, witness statements, and admissions you may have made.

The 45-Day License Suspension for Refusal

One of the most immediate consequences of refusing a breathalyzer test in Connecticut is administrative license suspension.

Under Connecticut law, a breath test refusal can trigger a 45-day license suspension followed by a mandatory ignition interlock device requirement. This is separate from and in addition to any criminal penalties you might face if convicted of DUI.

This 45-day suspension takes effect without requiring a criminal conviction. You don’t have to be found guilty of DUI. The refusal itself is enough.

However, you have the right to request a “per se” hearing before the Department of Motor Vehicles. This hearing is different from a criminal trial. At this hearing, the state must prove three things: (1) you were driving a motor vehicle, (2) you were operating it on a public road, and (3) you refused to submit to a chemical test after being told about the implied consent law.

If the state proves these three elements, your 45-day suspension will be upheld. However, if the state cannot prove all three elements, your license suspension may be overturned.

Can the State Still Prosecute You Without a BAC Result?

This is perhaps the most important question for someone facing DUI charges after refusing a breathalyzer test: Can they still convict me?

The answer is yes. The state absolutely can prosecute you for DUI even without a breath or blood alcohol test result.

Connecticut DUI law doesn’t require a breathalyzer or any chemical test to secure a conviction. The state can prove DUI through circumstantial evidence, including:

• Your appearance and demeanor at the time of the stop
• The officer’s observations of impaired driving
• Field sobriety test results (such as the walk-and-turn, one-leg stand, and horizontal gaze nystagmus tests)
• Admissions or statements you made to the police
• Slurred speech or the smell of alcohol
• Erratic vehicle operation
• Prior DUI history

In most cases, the state cannot use a breath or blood test result to prove a “per se” violation. Connecticut has a per se statute that makes it illegal to drive with a BAC of 0.08 percent or higher. Without a chemical test, they cannot prove per se DUI.

However, they can still prove “regular” DUI by showing that alcohol or drugs impaired your driving ability. This is a different legal test, and many people don’t realize it’s actually easier for prosecutors to pursue than a per se DUI.

The DMV Per Se Hearing for Refusal Cases

When you refuse a breathalyzer test, you have a limited time to request a DMV hearing after a DUI arrest, so you should contact an attorney immediately. This is called the “per se hearing.”

This hearing happens in a civil context, not a criminal court. The rules of evidence are somewhat different. The burden of proof is lower than in criminal court (it’s preponderance of the evidence, not beyond a reasonable doubt).

At the per se hearing, the police officer will testify about your stop, the signs of impairment they observed, and your refusal. You have the right to cross-examine the officer and to present evidence on your own behalf.

Common defenses at a per se hearing in refusal cases include:

• The officer lacked reasonable grounds to believe you were under the influence
• The officer failed to advise you of your implied consent rights properly
• The officer failed to properly advise you of your implied consent rights 
• You did not refuse; you were simply silent or confused about what was being asked
• Medical or physical conditions explained the signs of impairment
• Field sobriety tests were improperly administered

The outcome of the per se hearing affects only your license suspension. A win at the per se hearing means your license is restored. A loss means the 45-day suspension stands.

However, what happens at the per se hearing can also affect your criminal case. Testimony from the per se hearing can be used by the prosecutor in the criminal case, and it can also be used by your defense attorney to impeach the officer’s credibility.

Driving Under the Influence: Laws & Penalties | CT.gov 

Why Refusal Cases Are Often Easier to Defend Than You Think

Many people assume that refusing a breathalyzer test automatically means they’ll be convicted of DUI. This assumption is incorrect.

Refusal cases actually present unique opportunities for defense. Here’s why.

First, the state must still prove impairment beyond a reasonable doubt. Without a breath or blood test, this proof becomes significantly more challenging. The state relies on subjective observations by a single officer, who may have limited training in recognizing impairment, may have made procedural errors, and whose memory of events may be faulty.

Second, refusal cases often involve technical legal issues that can work in your favor. For example, did the officer have a valid reason to stop your vehicle in the first place? Did the officer have sufficient probable cause to request a chemical test? Did the officer properly conduct field sobriety tests? Was the implied consent warning properly given?

Third, refusal can actually suggest innocence in some cases. If you were truly intoxicated, why would you refuse? While prosecutors argue the opposite (that refusal suggests guilt), a skilled attorney can present the refusal in context and suggest alternative explanations.

Fourth, jury bias against refusal is not as strong as many people believe. Juries understand that people have constitutional rights, including the right not to incriminate themselves. Many jurors understand that refusing to take a test is a reasonable exercise of legal rights, even if it results in license suspension.

Defense Strategies Specific to Refusal Cases

Defending a DUI refusal case requires strategies tailored to the unique issues present in these cases.

Challenge the Initial Stop

Every DUI case begins with a traffic stop. If the officer lacked reasonable suspicion that you committed a traffic violation, the entire stop may be illegal. If the stop is illegal, all evidence obtained after the stop, including the refusal itself, may be suppressed. This is a powerful defense strategy in many cases.

Question the Probable Cause for DUI

Before requesting a chemical test, the officer must have probable cause to believe you were driving under the influence. This requires more than a mere hunch. If the officer’s observations don’t add up to probable cause, the breathalyzer request itself may be unlawful.

Examine the Implied Consent Warning

The officer must properly advise you of your rights under the implied consent law. If the officer failed to give the warning, gave an incomplete warning, or gave a confusing warning, this can affect both the refusal and any criminal charges.

Contest Field Sobriety Test Results

Field sobriety tests can be challenged based on administration errors, medical conditions, environmental conditions, or officer training. These tests have high error rates and are affected by factors like age, physical fitness, medical conditions, road conditions, and weather. An experienced attorney can challenge these test results effectively.

Investigate Alternative Explanations for Apparent Impairment

Slurred speech, poor balance, and red eyes can result from many conditions other than alcohol intoxication, including medical conditions, fatigue, medications, allergies, and nervousness. Documenting these alternative explanations can be powerful.

Examine the Officer’s Training and Qualifications

Field sobriety tests and DUI detection require proper training. If the officer was not adequately trained, this weakens the prosecution’s case. Request discovery of the officer’s training records.

Challenge Chemical Test Reliability

If the state later obtained a blood test warrant, that test result can be challenged. Blood tests can be contaminated, improperly stored, improperly analyzed, or subject to chain-of-custody problems. An attorney can demand records to investigate these issues.

Do Not Assume Refusal Means Conviction

Perhaps the most important message to understand is that refusing a breathalyzer test does not mean you will be convicted of DUI.

Thousands of people are charged with DUI every year in Connecticut. Many are acquitted. Many have their charges dismissed or reduced. Many reach favorable plea agreements. A refusal is not a conviction.

A refusal does affect your administrative license rights, and it does make your case more complex. But complexity is not the same as hopelessness. Many of the best DUI defenses arise in refusal cases precisely because the state must prove impairment without a breath or blood test.

You have constitutional rights, including the right to refuse to incriminate yourself. You have a right to an attorney. You have a right to a trial. You have a right to demand that the state prove every element of its case beyond a reasonable doubt.

An experienced Connecticut DUI attorney understands how to protect these rights and how to develop aggressive defenses in refusal cases. The outcome of your case will depend on the specific facts, the evidence available, the strength of your defense, and the skill of your attorney.

A refusal does not mean you are guilty. Let our attorneys review your case. Call (203) 925-9200.

Taking Action After a Refusal

If you refused a breathalyzer test in Connecticut, you have a limited time to act.

“You have a limited time after your arrest to request a per se hearing with the DMV. Missing the deadline can result in automatic license suspension. You also need to respond to criminal charges within the timeframe required by law.

The first step is to contact an experienced DUI attorney. An attorney can review your case, advise you of your options, request the per se hearing, file motions to suppress illegal evidence, and begin building your defense.

Do not rely on public defenders for complex DUI cases involving refusal, unless you have no other option. Public defenders handle enormous caseloads and often lack the resources to investigate cases thoroughly or challenge evidence aggressively. A private DUI attorney can dedicate time and resources to your case.

Gather documentation that may help your defense. If you have medical conditions that could affect field sobriety tests or observations of impairment, document those. If you have witnesses who can testify about the stop or your condition, identify them.

Most importantly, do not discuss the case with anyone except your attorney. Do not post about the case on social media. Do not give statements to police without your attorney present. What you say can be used against you.

You have options. Call Ruane Attorneys at (203) 925-9200 or request your free consultation now.