Q Am I required to take the breath machine for a DUI arrest in Connecticut?
Many people ask: If I am arrested for DUI, can't I just refuse to take the breath test?
Here The answer is "yes" you can refuse, but that might not be a good idea depending upon the facts of your case. Was there are car accident with injuries? Do you have a record of prior DUIs?. The rule is that when you drive a car you give your "implied consent" to take the test (breath, blood, or urine) when you are arrested for a DUI. If you refuse the test, then you will be charged with the crime of refusing the test, and sometimes the penalties for a refusal are even more severe then the penalites for failing the breath test. Also, the refusal can be used agaisnt you in Court as an admisson of guilt. So, if you are on trial on GA10 in New London, Connecticut the prosecutor will use the evidence of your refusal against you.
So, the answer to the question is YES-- you can refuse, but there are penalties if you do.
If you have any questions about a DUI feel free to call us. We are here to help. Call and ask for The Bartink Law Firm, PC., 100 Fort Hill Road, Groton, Connecticut at 860-445-8521 or toll free at 888-717-4211.