DUI & the Breathalyzer Test in Connecticut - To Blow or Not Blow: THAT is the Question
Автор: Iron Chris - Criminal Defense & Immigration
Загружено: 2019-12-03
Просмотров: 254
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After the police officer arrests you for DUI, you will be taken to a nearby
police station and booked. This includes getting all of your information, photographing you, and taking your fingerprints.
In the midst of this process, the officer will ask you whether you want to take a breathalyzer test. This involves blowing into a machine that measures the amount of alcohol present in your deep lung air, and by extension, in your blood.
It is your choice whether to take the test or refuse.
Before you make the decision, the officer will read you what is called an "Implied Consent Advisory," which explains the administrative consequences of 1) taking the test and blowing a 0.08 or above, or 2) refusing to take the test.
If you blow a 0.08 or above, the DMV will suspend your license for 45 days, to begin 30 days after your arrest, after which you will be obligated to have an ignition interlock device (IID) in your vehicle for 6 months.
If you refuse to take the test, the DMV will suspend your license for 45 days, to begin 30 days after your arrest, after which you will be obligated to have an ignition interlock device (IID) in your vehicle for 1 year.
If you have prior DUI's, the suspension starts immediately, and the IID periods are longer.
But the key thing to understand here is that if you blow UNDER a 0.08, you will not suffer any administrative consequences. No suspension. And no IID obligation.
So, this is where you need be honest with yourself. How much have you REALLY had to drink?
If you only had 2 drinks or less, you stand a very good chance of blowing under a 0.08. Go ahead and take the test.
But, if you have had more than 2 drinks (and, let's be honest - that is the case for most people), then you should refuse.
The only exception here is for those who hold a Commercial Driver's License (CDL). Under federal law, a CDL holder who refuses a breath test faces a 1 year suspension of their CDL. And under Connecticut law, it's even worse. If you hold a CDL in Connecticut, you are looking at a 1 year suspension of your CDL for blowing a 0.08 or above, or refusing. So, if you have a CDL, so have nothing to lose. Take the test. Maybe you get lucky and come in under a 0.08.
2 DRINKS OR LESS - TAKE THE TEST.
MORE THAN 2 DRINKS - REFUSE.
CDL - TAKE THE TEST.
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