What Happens If You Refuse a Breathalyzer in Connecticut?

A Tough Split-Second Decision

Getting pulled over for DUI in Connecticut is stressful enough. Blue lights flash in your mirror, your heart races, and the officer asks you to blow into the breathalyzer. Many of my clients tell me later:

“If I don’t blow, they don’t have proof, right?”

It feels logical in the moment—but unfortunately, refusing the breath test can actually make your situation worse. While refusal might keep the State from having a specific blood alcohol concentration (BAC) number, Connecticut law has strict automatic penalties for saying no. Those penalties come from the Department of Motor Vehicles (DMV), not just the criminal courts.

Even if you’re never convicted of DUI, a refusal can still cost you your license, force you to install an ignition interlock device, and be used as evidence in court. Let’s break down exactly how refusal works in Connecticut, what happens to your license, and what defenses may be available.

Connecticut’s Implied Consent Law (C.G.S. § 14-227b)

When you drive on a public road in Connecticut, you are automatically giving your “implied consent” to chemical alcohol testing if you are arrested for DUI. That means by getting behind the wheel, you’ve already agreed to submit to a breath, blood, or urine test if the police have probable cause to arrest you.

So when you say “no” to the breathalyzer, the DMV interprets that refusal as a violation of implied consent. The penalties start immediately—even before your DUI case goes to court.

Automatic DMV Suspension for Refusal

The single biggest consequence of refusing the test is the automatic suspension of your driver’s license by the DMV.

First refusal: 6-month suspension
Second refusal: 1-year suspension
Third refusal: 3-year suspension

This suspension is completely separate from your DUI case. Even if your DUI charge is dismissed in criminal court, the DMV suspension still applies unless you fight and win at a DMV Per Se Hearing.

For many people, this is the harshest part of refusal—the loss of your ability to drive to work, school, or take care of your family.

The Ignition Interlock Device (IID) Requirement

On top of the suspension, Connecticut requires you to install an Ignition Interlock Device (IID) once your license is restored.

For a first refusal, you’ll need to keep an IID in your car for at least 1 year. This means every time you start your vehicle, you’ll have to blow into the device to prove you are alcohol-free. You’re also responsible for the installation fee and monthly monitoring costs.

For repeat refusals, IID requirements last even longer.

Can Refusal Be Used Against You in Court?

Yes. This often surprises clients. Prosecutors are allowed to argue that refusing the test shows you knew you were intoxicated. Judges and juries are permitted to view refusal as a sign of “consciousness of guilt.”

In other words, instead of helping your case, refusal can make you look worse in front of a jury.

Is It Ever Smart to Refuse?

There are situations where refusal may help by denying prosecutors a specific BAC number. Without a BAC, they must rely on officer observations, field sobriety test results, and witness testimony to prove the case beyond a reasonable doubt. Sometimes this makes the case harder to prove.

But for most drivers, the refusal penalties are harsher than failing the test. A failed breath test can still be challenged in court through issues with calibration, officer error, or medical conditions. A refusal, on the other hand, locks in a guaranteed DMV suspension and IID requirement.

That’s why it’s critical to speak with a DUI defense lawyer right away to review your best option.

How a Lawyer Can Help After a Refusal

If you refused the breathalyzer in Connecticut, quick action is essential. Here’s how I typically help clients:

Requesting a DMV Per Se Hearing: You only have 7 days after your arrest to request this hearing. If you don’t, the suspension is automatic.
Challenging the arrest procedures: I review whether the officer had probable cause, whether they read you your rights, and whether testing was requested properly.
Defending you in court: Even without a BAC number, prosecutors still have to prove impairment. I challenge their evidence and fight to reduce or dismiss charges.

The sooner I get involved, the more options you’ll have to protect your license and your future.

Real-World Example

One of my clients from Stamford refused to take the breathalyzer test after being pulled over late at night. He thought he was helping his case. Instead, his license was suspended for six months, and he was required to install an IID for one year.

Even though we later won a reduction of his DUI charge in court, the DMV penalties still stuck because refusal is treated separately. His case illustrates how refusal can backfire—even when the criminal side proceeds smoothly.

Frequently Asked Questions

1. Will I go to jail just for refusing the breathalyzer?
No. Refusal itself is not a crime. However, it does trigger a DMV suspension and can negatively impact your DUI case.

2. How long will my license be suspended if I refuse?

First refusal: 6 months
Second refusal: 1 year
Third refusal: 3 years

3. Will I need an IID after refusal?
Yes. Even on a first refusal, you’ll need at least 1 year with an IID once your license is reinstated.

4. Can refusal be used against me in court?
Yes. Prosecutors can argue that the refusal shows you knew you were drunk. Juries may view it as a sign of guilt.

5. Does refusal show up on my criminal record?
No. It is an administrative penalty through the DMV, not a criminal conviction.

6. Can I fight the refusal suspension?
Yes. You can request a DMV Per Se Hearing within 7 days of arrest. Winning that hearing can overturn the suspension.

7. Is it ever smart to refuse the test?
Sometimes, if your BAC is exceptionally high, it is hard to defend. But in most cases, refusal penalties are worse than failing.

8. Can I refuse roadside field sobriety tests instead?
Yes. You are not legally required to perform roadside balance or coordination tests. Refusing those carries no automatic penalty.

9. Can I get a work permit if my license is suspended for refusal?
Possibly. Some drivers qualify for a restricted work permit, but most will need to use the IID program to drive legally.

10. How can a lawyer help me if I refuse?
A DUI defense lawyer can request a DMV hearing, challenge the arrest, and fight to prevent your license from being suspended. The goal is to keep your record clean and get you back on the road as quickly as possible.

Take Action Today

Refusing a breathalyzer in Connecticut may feel like the safe move, but it often backfires. It can cost you your license, force you to install an IID, and be used against you in court—even if your DUI case is later dismissed.

I’ve been defending drivers in Stamford, Norwalk, Greenwich, and across Connecticut for over 30 years. I understand the high stakes—your license, your job, and your reputation.

📞 Call Allan F. Friedman Criminal Lawyer today at (203) 357-5555 or contact me online. Let me fight to protect your license, your record, and your future.