Refusing DUI Testing Following a Stamford DUI
When administering a DUI test following a Stamford DUI, police will first use the breath test. This is done using a breathalyzer machine. The law enforcement officer will ask a person to blow into it, which gives them a BAC reading, or blood alcohol content.
Another test law enforcement will use is a blood test, which can be used for alcohol or drugs. A person does not have to submit to a blood test in Stamford, but if they do, their blood will be drawn and tested for the level of alcohol or drugs present.
Lastly is the urine test which a person can be asked to submit to as well. This would test for either alcohol or drugs if a person refuses the blood test.
An individual has the right to refuse any of these DUI tests following a Stamford DUI. To understand how such a refusal may impact your case, it is imperative to consult with a Stamford DUI lawyer as soon as possible.
Refusing a Test
If a person refuses a DUI test following a Stamford DUI, the police will mark it as a refusal and go through the rest of the booking process. Then, the Connecticut Department of Motor Vehicles is notified that the person refused the tests and that will trigger a license suspension hearing which, if the individual loses, will result in the person having a 45-day suspension.
There will also be the requirement of the ignition interlock device installed in the individual’s car for a year. However, if a person takes the test and fails, the ignition interlock device is installed in their car for only six months.
When an individual refuses to take a DUI test following a Stamford DUI, the prosecutor may assume that the person was drunk and did not want the police officer to know exactly how much they had to drink. This action of refusal may make them appear guilty and can be used against the defendant at trial.
Reasons for Refusal
A person can refuse the test for a variety of reasons, including allergies, illness, or some other disorder that may impact the test. The reason does not matter; it matters that a person did refuse the test.
However, if a person is medically unable to provide an adequate breath sample, it may affect the validity of the police saying they refused.
Role of Implied Consent
Implied consent is defined as a person operating a motor vehicle, giving implied consent for the police to test their blood alcohol content. This is done by performing a breath test, a blood test, or a urine test to test the presence of alcohol or drugs in their system.
When a person is arrested for a DUI in Stamford, they are read their implied consent rights and are advised that if they refuse, the consequences could be worse because they are now revoking their implied consent.
Arguing against implied consent depends on how well the police follow procedure. Law enforcement has a very regimented policy in which they do everything, with information being read to the person regarding implied consent from a written statement. The less the police follow procedure, the more it increases the chances of a successful argument in court.
Enrolling in a DUI Education Course
If it is a person’s first time being arrested for a DUI, whether they take the breath test or refuse it, and they are accepted into the Connecticut Alcohol Educational Program, they will participate in alcohol education classes.
Whether a person refuses DUI testing following a Stamford DUI or not does not change the fact that they are going to have to take the classes. It only affects how many classes a person must take.