What Happens if You Refuse a Breathalyzer in Connecticut?

Many drivers mistakenly believe that refusing a breath test will protect them from a DUI conviction. In Connecticut, nothing could be further from the truth. Refusing a chemical test often creates bigger problems: longer license suspensions, mandatory ignition interlock devices, tougher plea negotiations, and evidence of “consciousness of guilt” in front of a jury.

The reality is this: refusing a breathalyzer is not a loophole. It’s a gamble and usually a losing one.

Under C.G.S. §14-227b, Connecticut has a strict implied consent law. By driving in the state, you automatically agree to submit to a chemical test if a police officer arrests you on probable cause for DUI.

• Refusal is not a crime in itself, but it carries automatic administrative and criminal consequences.
• You cannot “beat the system” by refusing. The law is designed to punish refusals more harshly than failures.

Police may request:

• Breath Test (Breathalyzer or Intoxilyzer): Standard in most DUI stops, measures blood alcohol content (BAC).
• Blood Test: Used if drugs are suspected or after accidents; requires medical personnel.
• Urine Test: Rare but may be used in drug-related DUI cases.

Important: Refusing any form of test counts as a violation.

When you refuse a chemical test in Connecticut after being arrested for DUI, the consequences are immediate and significant:

1. Immediate 24-Hour Suspension
   The arresting officer confiscates your license on the spot and issues a 24-hour immediate suspension while notifying the DMV.
2. DMV Suspension (45 Days)
   After the 24-hour hold, the DMV imposes a mandatory 45-day suspension of your license. This 45-day suspension applies whether you refused or failed the test.
3. Ignition Interlock Device (IID) Requirement
   The big difference with refusal is the IID requirement, which is much longer than for a failed test:
• First Refusal: 45-day suspension + 1 year IID
• Second Refusal: 45-day suspension + 2 years IID
• Third or Subsequent Refusal: 45-day suspension + 3 years IID

(For comparison, failing the test leads to IID terms of 6 months, 1 year, and 2 years respectively.)

After a refusal, you will receive a suspension notice. You have 7 days to request a DMV “Per Se” hearing.

At the hearing, the state must prove:

1. You were operating a motor vehicle
2. The officer had probable cause to arrest you.
3. You were lawfully arrested.
4. You were advised of the consequences of refusal.
5. You actually refused.

Defense opportunities:

• Challenging whether the officer fully explained your rights.
• Showing medical reasons that made compliance impossible.
• Attacking probable cause (bad stop, weak evidence of impairment).

If you win the hearing, you keep your license. If you lose, the suspension takes effect.

• Evidence in Court: Prosecutors may present your refusal as proof you knew you were intoxicated.
• Jury Instruction: Judges often instruct juries they may interpret refusal as “consciousness of guilt.”
• Prosecutorial Leverage: Refusal cases are often harder to negotiate down, because prosecutors view you as less cooperative.

Let’s compare:

Bottom Line: Refusal = longer IID requirement, fewer negotiation options.

One of the most common questions clients ask is, “Should I blow, or should I refuse?” The answer depends heavily on your prior record.

• First-Time Offenders:
  For most first-time offenders, refusing the breathalyzer is usually the worst choice. A refusal triggers a longer IID requirement (1 year vs. 6 months for failing). On top of that, prosecutors will use your refusal as evidence against you in court. In most first-offense cases, providing a sample—even if it results in a BAC over .08—gives your lawyer more flexibility to negotiate favorable outcomes such as diversionary programs, reduced charges, or shorter suspensions.
• Second or Third-Time Offenders:
  For repeat offenders, the calculus is different. A second or third DUI conviction carries mandatory jail time and far harsher penalties. In these cases, some drivers choose to refuse testing to limit the amount of hard scientific evidence the state has against them. While refusal still leads to a long DMV suspension and ignition interlock requirements, it may give your defense attorney additional room to challenge the state’s case at trial.

Key Point: There is no one-size-fits-all answer. The decision to refuse or comply depends on your record, your priorities (license vs. jail risk), and the circumstances of your arrest. The safest step is to call an experienced Connecticut DUI lawyer as soon as possible to analyze your situation.

For most first-time DUI arrests in Connecticut, the Impaired Driver Intervention Program (IDIP) is available as a diversionary option. If granted and successfully completed, IDIP allows the DUI charge to be dismissed, and your record cleared.

• Eligibility: Generally available to first-time DUI offenders with no prior DUI convictions or participation in similar programs.
• Program Requirements: Typically involves substance abuse education classes, possible treatment, and compliance with all court conditions.
• Outcome: Upon successful completion, the DUI case is dismissed. This means no conviction, no criminal record, and the chance to move forward without the stigma of a DUI.

Why this matters for refusal cases:

• Whether you refuse or fail the test, the prosecutor usually still offers IDIP to eligible first-time offenders.
• This means refusing does not help you in court — you can still access the program with a failed test.
• But refusal makes your DMV penalties much worse: instead of 6 months with IID (after 45 days suspension), you face a full year IID (after the same 45-day suspension).

Bottom Line: If you are a first-time offender, refusing the test only increases your pain at the DMV — while offering you no real advantage in court, since IDIP is still on the table.

• Must be installed in every vehicle you own or operate.
• Cost: $75–$100 installation + $80 monthly monitoring.
• Violations (failed blow, tampering) = extended requirements.
• Employers must be notified if you drive a company car.

Refusal often triggers:

• Higher premiums for 3–5 years.
• Risk of cancellation or nonrenewal.
• Requirement for SR-22 filing.

• Commercial drivers may lose CDL for 1 year (lifetime for repeat).
• Professionals (lawyers, nurses, financial advisers) may face licensing issues.
• Security clearance and immigration status can be affected.

• Confusion Doctrine: Some drivers mistakenly think they can consult an attorney first; lack of clarity may be a defense.
• Medical Issues: Asthma, anxiety, or other conditions preventing breath test compliance.
• Officer Error: Failure to read full warnings or improper administration.
• No witness to the Refusal: There must be a separate police officer that witnesses the refusal.
• Lack of Probable Cause: Weak basis for the initial stop or arrest.

• Accidents with Serious Injury: Police may seek a court order for a forced blood draw.
• Under 21 Drivers: Zero tolerance means even refusal has harsh DMV penalties.
• Repeat Offenders: Refusal enhances punishment under sentencing guidelines.

1. Arrest.
2. Issuance of 45-day temporary license.
3. DMV notice mailed.
4. 7 days to request a hearing.
5. Hearing scheduled.
6. Suspension begins if you lose.
7. IID requirement follows.

• A lawyer can cross-examine officers at the DMV hearing.
• File motions in court to suppress evidence.
• Negotiate with prosecutors for reduced charges.
• Protect your professional license and record.
• Prevent worst-case outcomes like multi-year IID requirements.

Scenario:
Mary, a 28-year-old nurse in Norwalk, refuses the breathalyzer. At DMV hearing, her attorney proves the officer failed to read the full implied consent warning. DMV suspension overturned. In criminal court, attorney argues lack of impairment based on bodycam footage. Result: DUI dismissed, reduced to reckless driving.

• Refusal almost always leads to longer IID requirements than failing.
• Refusal is used against you in court.
• You have a short window to fight your suspension.
• A skilled DUI defense lawyer may prevent license loss and reduce charges.

It’s the law that says by driving in the state, you agree to submit to a chemical test if lawfully arrested for DUI. Refusal automatically triggers DMV penalties.

Yes, you can refuse—but refusal sets off a mandatory 45-day license suspension followed by a lengthy ignition interlock device (IID) requirement.

Refusal triggers an automatic 45-day suspension plus:

• 1 year IID for a first refusal
• 2 years IID for a second refusal
• 3 years IID for a third or later refusal

Usually not. Refusal leads to a longer IID requirement and prosecutors can use your refusal against you in court.

No. Prosecutors can prove DUI without a BAC number using officer testimony, field sobriety tests, and other evidence.

Yes. Judges often allow prosecutors to argue that refusal shows “consciousness of guilt.”

For first offenders, refusal is almost always worse. But for second or third offenders, refusal sometimes limits the hard evidence against you, though it still leads to long DMV penalties.

No. During the 45-day suspension, there is no work permit. You cannot drive at all until the suspension is over and the IID is installed.

Yes. A CDL holder faces at least a 1-year disqualification for refusal, even if the DUI happened in a personal vehicle.

In serious crashes involving injury or death, police may obtain a court order for a mandatory blood draw.

Medical reasons (asthma, anxiety attack, or physical inability to blow) may be raised as a defense at the DMV hearing or in court.

Yes. Refusal is treated as a prior offense for sentencing enhancement in future DUI cases.

Yes. Refusal appears on your driving history and typically leads to higher premiums or even policy cancellation.

You have 7 days from the date of notice to request a DMV hearing, or the suspension automatically takes effect.

Absolutely. A lawyer can contest the DMV suspension, challenge the arrest, and protect you from the severe penalties that come with refusal.

Refusing a breathalyzer in Connecticut is rarely a good choice. It brings heavy DMV suspensions, harsh IID requirements, and courtroom disadvantages. But you are not without hope. With the right defense lawyer, you may be able to save your license, avoid conviction, and protect your future.

If you or a loved one has been charged with DUI after refusing a breathalyzer in Connecticut, time is critical. You have only 7 days to request a DMV hearing or your license will be automatically suspended.

At The Law Offices of Allan F. Friedman, we have decades of experience defending DUI and refusal cases throughout Connecticut. We know the law, the courts, and the strategies that work.

📞 Call us today at [Insert Office Number] for a free, confidential consultation.
📧 Or contact us online to get immediate legal guidance.

Don’t wait—your license, your freedom, and your future are at stake.