Refusing a DUI test in Connecticut

It is important to know your rights if you are pulled over for a DUI.

2013-01-18

January 18, 2013 (Press-News.org) Refusing a DUI test in Connecticut

It is important to know your rights if you are pulled over for a DUI. If an officer suspects you for driving under the influence, he or she can ask you take a blood, breath or urine test to determine your blood alcohol content. But you do have the option to refuse. You may wonder what happens if you refuse to take these tests.

Testing and arrest

An officer can ask you to take the test to determine your blood alcohol content if he or she has probable cause to think you are driving under the influence. Then, the test must be taken within 2 hours of when you were driving.

The officer will decide which form of the test you need to take. This test is either of your blood, breath or urine. The blood test can be refused without any penalty to you. But then, the officer can choose one of the other two tests for you to take.

Breath tests are usually done with a breathalyzer or a newer machine called a datamaster. Blood tests are believed to be the most accurate in determining blood alcohol content, while urine tests are usually the least accurate. But whatever form you choose will be the final word on your blood alcohol content.

The officer must also inform you of your constitutional rights and must let you know that you can contact an attorney prior to your test. He or she must also explain that your license will be suspended if you do not take the test and that your refusal can be used against you in a court of law.

Consequences of refusing to the test

If you refused to take the test, the officer arresting you will take away your license. You immediately lose your right to drive. Within three business days of the arrest, the officer will need to complete a sworn report of the incident.

In the report, the officer needs to explain the arrest and that he or she had grounds to think you were driving under the influence. The officer will also include in the report that you refused the test and cite a witness who can confirm this refusal.

At your request, your side of the story, as well as the officer's, can be reviewed at a hearing before the Department of Motor Vehicles. You will then have a chance to explain the circumstances of your arrest.

Is it smart to refuse a DUI test?

If you do not ask for a hearing or if the officer's story is upheld in court, you can face additional penalties. Consequences are generally worse for Connecticut drivers who refused a DUI test, than those who take the test.

Additionally, in the absence of a blood alcohol count, the prosecution may use the fact that you refused a test against you. They may claim that you refused because you knew you were driving under the influence.

Getting help

Have you refused a DUI test? Are you struggling with a DUI arrest? An experienced attorney can help. In such complex and important matters, it is a great help to have an experienced attorney fighting on your behalf.

Article provided by Law Offices of Daniel P. Weiner
Visit us at http://www.dpweinerlaw.com

ELSE PRESS RELEASES FROM THIS DATE:

How South Carolina Implied Consent Laws Work

2013-01-18

How South Carolina implied consent laws work Anyone who has seen an episode of a popular crime drama knows that when you are being charged with a crime, you have the right to remain silent. But if you have been charged with a DUIin South Carolina, you do not have the right to refuse a breath, blood or urine test without penalty. Implied consent laws in South Carolina In South Carolina, people who are lawfully arrested for driving under the influence of alcohol are required to take a blood, urine or breath test when a law enforcement officer requests one. Generally, ...

Briefly Measuring the Pros and Cons of Business Entities: LLC or S-Corp

2013-01-18

Briefly measuring the pros and cons of business entities: LLC or S-Corp Two of the most common business entities for small companies are the limited liability corporation and the S-Corp, but how do you know which entity is appropriate for your business? The answer may come down to cost, attraction of capital as your business grows, and tax considerations, among others. To begin, the major advantage of filing either as an LLC or S-Corp is that both entities offer limited liability, which means the personal assets of the business owner are protected from the creditors ...

Florida Defendants Questioning Intoxilyzer Results

2013-01-18

Florida defendants questioning Intoxilyzer results Police and prosecutors in Florida have been relying on breath test results from a device called the Intoxilyzer to convict people of drinking and driving. The device has been around for 73 years, and its results are constantly challenged by people on trial for drinking and driving. In fact, the state hired a woman simply to travel around the state and testify about the reliability and accuracy of the Intoxilyzer. More than 60 people accused of drinking and driving in Brevard County are questioning the use of the Intoxilyzer ...

Recent Campaign Targets Repeat DWI Offenders

2013-01-18

Recent campaign targets repeat DWI offenders A new campaign in North Carolina recently took place with the goal of reducing drunk driving. The North Carolina Department of Transportation's "Booze It & Lose It" campaign ran through January 2 and attempted to decrease drunk driving throughout the state. Over 10,000 additional checkpoints and patrols were conducted during the campaign in 2011. Additionally, more than 3,600 North Carolina drivers were charged with driving while impaired. Alcohol-related crash statistics in North Carolina Alcohol-related ...

New Technologies May Increase Distracted Driving Risks

2013-01-18

New Technologies May Increase Distracted Driving Risks According to the National Highway Traffic Safety Administration (NHTSA), distracted driving poses serious risks on our nation's highways. In 2010 alone - the last year for which statistics are available - 3,092 people were killed and an additional 419,000 injured in car accidents involving distracted drivers. Unfortunately, the problem is only likely to get worse as cell phone ownership increases and texting gains traction as an accepted means of communication. New Technologies Pose New Dangers Any activity ...

NHTSA to Require Electronic Stability Control in Heavy Trucks and Buses

2013-01-18

NHTSA to require electronic stability control in heavy trucks and buses Tractor trailers and other heavy trucks are some of the most dangerous vehicles on our roads. Of course, this isn't to say that truckers are somehow worse drivers than the rest of us. To the contrary, most truck drivers approach their jobs with a sense of professionalism and care towards other motorists. However, they aren't infallible. When accidents happen, the trucks' sheer size means that serious personal injuries are much more likely to occur. Rollovers are some of the most dangerous types ...

Wrongful Convictions in California

2013-01-18

Wrongful convictions in California According to a study from the California Wrongful Convictions Project at the University of California Berkeley School of Law, there were more than 200 wrongful convictions in the state since 1989. These wrongful convictions included serious offenses like rape and murder. California has the highest number of exonerations of any other state. Wrongful conviction costs add up The study included two definitions of wrongful conviction. The first was when the person's conviction was reversed and they were fully acquitted upon retrial, ...

Warrant Needed for Drug Dogs?

2013-01-18

Warrant needed for drug dogs? Law enforcement agencies throughout the country devote significant resources toward the investigation of drug crimes. Many of these investigations start after officers receive tips about certain individuals who may be engaging in the manufacturing or selling of illegal drugs. Once police know which individuals to monitor, they will begin the process of gathering the evidence they will need to potentially make an arrest. It is not uncommon for law enforcement to use questionable tactics during drug crimes investigations. This can result ...

What Happens after Deciding to File for Bankruptcy?

2013-01-18

What happens after deciding to file for bankruptcy? Staying ahead financially is difficult in today's economy. Under certain circumstances, people will find that bankruptcy is the best solution. Signs that you may be heading toward bankruptcy Trouble making payments, living off credit cards or cash advances to pay bills and harassment from creditors are just a few signs that a bankruptcy may be looming. Other signs include: -No emergency savings -No health insurance -Large student loan debt -Denial of credit or loans When it becomes impossible to pay ...

Arizona to Spend Foreclosure Settlement Award on Homeowners, Deficit

2013-01-18

Arizona to spend foreclosure settlement award on homeowners, deficit Arizona to spend foreclosure settlement award on homeowners, deficit Arizona received $98 million as the state's share of a $25 billion national mortgage settlement reached between 49 states and the nation's five largest mortgage servicers. The state plans to use about half of the money to prevent more foreclosures in Arizona, while about $50 million is slated to bring down the state's budget deficit. Arizona's plans for national mortgage settlement money The Arizona Attorney General has committed ...

LAST 30 PRESS RELEASES:

New way to find “aged” cells marks fresh approach for research into ageing

From blood sugar to brain relief: GLP-1 therapy slashes migraine frequency

Variability in heart rate during sleep may reveal early signs of stroke, depression or cognitive dysfunction, new study shows

New method to study catalysts could lead to better batteries

Current Molecular Pharmacology impact factor rises to 2.9, achieving Q2 ranking in the Pharmacology & Pharmacy category in 2024 JCR

Stable cooling fostered life, rapid warming brought death: scientists use high-resolution fusuline data reveal evolutionary responses to cooling and warming