Whether I Should Take A Breath, Blood Or Urine Test

Upon being stopped for a suspected DUI, the officer will likely ask you to take a breathalyzer test. While you have the right to refuse this test, it is important that you understand the consequences that may arise if you do.

Under the “Implied Consent” law, anyone driving in the state of Connecticut impliedly consents to the testing of their breath, blood or urine if requested by a member of law enforcement. This refers to the DMV Administrative Per Se matters. This is the DMV matter that I am referring to.

I suggest that you call me at (860) 963-7441 if you are arrested for a DUI. Whether or not you agree to take a breath, blood or urine test can be complicated and may have serious consequences with regard to your case.

I generally tell people who never experienced a DUI during their lifetime to take the test.
I generally tell a first-time offender [which is a person who may have had the AEP or IDIP diversionary programs] to take the test.

I generally tell a second time offender not to take the test.

I generally tell a third time offender not to take the test.

However, before you make this determination contact me at (860) 963-7441 to discuss the matter. Tactics my play an important part in the decision making. The police will allow you to do so. The police control what test to ask you to take but you have the right to refuse.

Administrative Per Se through DMV for failing or refusing a chemical alcohol test

When a driver is arrested and charged with operating under the influence of alcohol or drugs, the arrest report is sent to DMV. Upon receipt of the arrest report, DMV imposes a suspension under Connecticut General Statute §14-227b for the failure of the blood, breath or urine test (whichever is requested by the arresting officer) or for the refusal to submit to the test. In most cases, the suspension will begin 30 days after the arrest date. The license suspension is based on the arrest information and is separate from any penalties or requirements that may be imposed as a result of the court case.

A notice of suspension will be mailed to the address of record allowing you seven days to request a hearing. If you wish to request a hearing, call the Administrative Per Se Unit at 860-263-5204 (8:30a.m. to 4:30 p.m. Monday through Friday) before the deadline stated on your suspension notice.

Beginning with arrest dates on or after July 1, 2015, all driver license suspensions for failing or refusing a chemical alcohol test will be forty-five (45) days.

Installation of an Ignition Interlock Device (IID) will be required prior to restoration for ALL alcohol related suspensions. Following restoration, the IID must be maintained for at least the length of time listed below:

Whether or not you agree or refuse to take the test requested by a police officer has consequences. You should make that decision after speaking with an attorney.

IID requirement for drivers under 21 years old*

IID requirement for drivers 21 Years Old and Older*

IID requirement for ALL drivers*

*If you are convicted in court for operating while under the influence of alcohol or drugs under Connecticut General Statute §14-227a for the same arrest, the IID may be required for a longer term. The IID is required for the duration specified in Connecticut General Statute §14-227b(i) or Connecticut General Statute §14-227a(g), whichever is longer. See Section 2 below.

If you were arrested prior to July 1, 2015, you may petition in writing for the option to participate in the IID program. After serving at least 45 days of your suspension for failing or refusing the chemical test, you will be required to have an IID for the duration indicated above, plus the additional duration required (if any) following a conviction under Connecticut General Statute §14-227a for the same arrest.

Court conviction for Operating Under the Influence of Alcohol or Drugs (OUI)

Under Connecticut’s criminal law, a driver arrested for OUI will receive both a summons and a court date. If the court proceedings result in a conviction, the following penalties must be imposed by the Department of Motor Vehicles:

Operating Under the Influence of Alcohol or Drugs

Connecticut General Statute §14-227a or §14-227g

Conviction on or after July 1, 2015

For a conviction with an arrest prior to July 1, 2015, you may petition in writing for the option to participate in the IID program. After serving at least 45 days of the suspension under Connecticut General Statute §14-227b for the same arrest, you will be required to have an IID for the duration required under Connecticut General Statute §14-227a or Connecticut General Statute §14-227b, whichever is longer.

Operating Under the Influence of Alcohol or Drugs

Connecticut General Statute §14-227a, §14-227g, or §14-111n

Conviction after January 1, 2012

Operating Under the Influence of Alcohol or Drugs

Connecticut General Statute §14-227a, §14-227g, or §14-111n

Conviction prior to January 1, 2012

Under Age 21

Age 21 or older

Manslaughter with a Motor Vehicle,

Connecticut General Statute §53a-56b

Assault with a Motor Vehicle,

Connecticut General Statute §53a-60d

To determine if a conviction is a first, second, or third/subsequent offense, any and all convictions reported under Connecticut General Statutes §14-111n, §14-227a, §14-227g, §53a-56b or §53a-60d are considered.

For information concerning restoration or IID requirements, you may call:

STEVEN A. TOMEO

ATTORNEY AT LAW

(860) 963-7441