Connecticut DUI Defense: Field Sobriety Tests & Breath Testing – What You Need to Know

Being stopped by the police on suspicion of DUI is an overwhelming experience. The flashing lights, the officer’s questions, and the uncertainty of what to do next can leave you feeling trapped. But the decisions you make in those critical moments can have a huge impact on your case.

At Allan F. Friedman Criminal Lawyer, we have defended clients charged with DUI for over 30 years throughout Stamford, Norwalk, Bridgeport, Danbury, and across Connecticut. As a Connecticut DUI lawyer, I understand how police and prosecutors build these cases—and how to fight back.

One of the most common questions clients ask is:

“Should I take the tests the officer is asking for?”

The answer depends on the test. This guide explains why you should refuse field sobriety tests—and why you should almost always take the breath test at the station.

Field sobriety tests are roadside exercises used by police to gather evidence of impairment. The standardized tests include:

• Horizontal Gaze Nystagmus (HGN): Following an object with your eyes.
• Walk-and-Turn: Walking heel-to-toe on a straight line.
• One-Leg Stand: Balancing on one foot while counting aloud.

Officers may also use non-standardized tests like touching your nose, reciting the alphabet, or counting backwards.

Field sobriety tests are highly subjective and not scientific. Poor performance can be caused by:

• Uneven pavement, bad lighting, or weather conditions.
• Nervousness, anxiety, or fatigue.
• Medical issues, age, or weight.

Even perfectly sober individuals frequently “fail” these tests. Once you take them, the officer will almost always report that you “exhibited signs of impairment.”

Agreeing to field sobriety testing is essentially volunteering to provide evidence against yourself. Police reports describing you as “stumbling,” “unsteady,” or “unable to follow instructions” become powerful tools for prosecutors.

Under Connecticut law, you are not required to take field sobriety tests, and refusing them carries no automatic penalties like license suspension. Refusing denies the prosecution its most persuasive evidence and is one of the best ways to protect your rights.

Our advice: Politely refuse by saying:

“On the advice of counsel, I respectfully decline any field sobriety tests.”

Connecticut law requires drivers arrested for DUI to submit to a chemical test—usually a breath test. Refusing this test triggers immediate and severe consequences:

• 45-day license suspension.
• Ignition interlock device (IID):
  • 6 months (first offense)
  • 1 year (second offense)
  • 3 years (third offense)
• Ineligibility for the IDIP (Impaired Driver Intervention Program)—the best option for first-time offenders to avoid a conviction.
• “Consciousness of guilt” argument—prosecutors can argue you refused because you knew you were impaired.

• Refusal guarantees penalties – Even if you later win your DUI case, you’ll still face DMV sanctions for refusal.
• Results can be challenged later – We often beat breath test results by exposing:
  • Maintenance and calibration issues.
  • Operator training errors.
  • Medical defenses (acid reflux, diabetes, rising BAC).
• Preserves options – Passing may prevent charges; failing still leaves room for defenses and diversionary programs.

For drivers with multiple prior DUIs facing severe mandatory penalties, refusal might limit damaging evidence. For first-time offenders, however, consenting to the breath test is almost always the smarter choice.

DUI isn’t limited to alcohol. Driving while impaired by prescription medications, marijuana, or other drugs is illegal. If you pass the breath test but the officer still suspects impairment, you may be asked to provide a blood or urine sample.

We fight drug-based DUI charges by:

• Contesting whether proper testing procedures were followed.
• Demonstrating that drug presence does not equal impairment.
• Exposing weaknesses in toxicology reports and officer testimony.

• The Stop: Most DUI stops begin with a minor traffic violation. Officers observe for signs of impairment, like slurred speech or odor of alcohol.
• Questions: You must provide ID, registration, and insurance, but you are not required to answer questions about drinking. Politely decline:

“I choose not to answer any questions without my lawyer present.”

• Field Sobriety Test Request: Politely refuse.
• Arrest: If probable cause exists, you’ll be arrested and transported to the station.
• Breath Test: Take the test unless you have specific legal advice not to.

At Allan F. Friedman Criminal Lawyer, we take a strategic, multi-layered approach to every DUI case:

• Challenging the Stop and Arrest: Reviewing dashcam/video footage, 911 calls, and police reports for illegal stops and rights violations.
• Attacking Field Sobriety and Breath Tests: Cross-examining officers on improper administration, calibration errors, and flawed procedures.
• Leveraging Diversionary Programs (IDIP): For eligible first-time offenders, we aggressively pursue admission to Connecticut’s Impaired Driver Intervention Program (IDIP) to secure dismissal and protect your record.
• Building a Strong Trial Defense: When dismissal or diversion isn’t possible, we prepare for trial from day one—subpoenaing records, hiring experts, and challenging the prosecution’s case at every stage.

As a seasoned Connecticut DUI attorney, I understand what it takes to achieve results.

If you’ve been charged with DUI in Connecticut, your next steps are critical. Protect yourself by refusing field sobriety tests, taking the breath test, and calling a lawyer immediately.

With over 30 years of experience as a Stamford DUI attorney, Allan F. Friedman Criminal Lawyer has the knowledge and skill to fight for you.

Don’t wait—your license, freedom, and future are on the line. Call (203) 357-5555 now for a free, confidential consultation. We are available 24/7 to protect your rights.