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Refusal of a Breath, Blood, or Urine Test in Darien

The most common test Darien law enforcement will employ is a breath test, in which a person blows into a breathalyzer machine or ignition interlock device (IID) machine to determine their blood alcohol content.

If the officer suspects that the person might be under the influence of drugs and/or alcohol, they will usually ask the person to submit to a urine test. This is so that the urine can be tested for the presence of drugs. If the person is in an accident and is taken to the hospital before or during the arrest, the hospital will commonly administer a blood test, because blood is usually drawn as part of that procedure.

An individual has the option to refuse any of these tests, but should be aware of the complications that may result from such a refusal. To determine the circumstances surrounding your charge and any potential implications, it is important to contact an experienced Darien DUI lawyer as soon as possible.

Test Refusal

Refusing to submit to a breath, blood, or urine test in Darien is comparable to a negative inference. Courts can look at that refusal and say that the person refused because they knew they may have been guilty.

As far as an individual’s license goes, they are going to get a suspension whether they fail or refuse the breath, blood, or urine test in Darien. If they take the test and fail, they only need to have the IID in their car for six months whereas if they refuse to take the test, they need to have the IID in their car for a period of one year.

When refusing to submit to a breath, blood, or urine test in Darien, asthma is probably the most common justifiable reason to do so. Further, anything that affects the person’s respiratory system that would prevent them from giving enough of an air sample can be a justifiable reason for refusing a test.

Also, if a person refuses to go to the hospital, they are not going to be able to have a blood test done on them. Those are a few different ways that the consequences for refusing a test could be avoided, although the court often does not find them to be justifiable.

Role of Implied Consent

Anyone who drives on Connecticut roads or holds a Connecticut driver’s license gave implied consent to their BAC being tested. That is why the consequences of refusing a breath, blood, or urine test in Darien are a bit more severe than the consequences of failing.

Arguing Implied Consent

The chances of making a successful argument against implied consent are very low. The only way that a person could get around police saying that a person refused is to show that in fact, they did not refuse.

The individual may have been trying to take the test, but suffered from asthma, for example, and could not successfully perform. Also, it may not have been properly explained to them, so the test registered as a refusal when in fact they were not refusing.

First Refusal

The first time an individual refuses a breath, blood, or urine test in Dairen, they will get a 45-day license suspension. Once they get their license restored, they must have that IID in their car for a period of one year.

Subsequent Refusals

With second or third refusals to submitting a breath, blood, or urine test in Darien, an individual will face suspension and a period of IID every time. As it becomes a subsequent offense, the individual must have the device in their car for longer.

If the individual refuses a test for a second time, they are going to have the IID in their car for two years. If they refuse the test for a third, fourth, or any subsequent time, they are going to have to have the IID in their car for a period of three years.

Enrolling in an Alcohol Education Course

If an individual were to enroll in an alcohol education course, it would be presented in court. If they are a first-time offender, they may be eligible for the pre-trial alcohol education program. They will be eligible for that program regardless of whether they refuse or fail the blood alcohol test.