Connecticut Criminal Lawyer Blog
Introduction: Protecting Your Rights After a DUI Arrest
Getting pulled over on suspicion of drunk driving in Connecticut can be one of the most intimidating experiences of your life. The flashing lights, the officer’s questions, and the immediate pressure to comply with every request can leave you feeling powerless. However, what you decide to do in the minutes after being stopped can have a massive impact on the outcome of your case.
Many people don’t realize that you have the right to refuse certain tests—but refusing others could cause serious problems. Specifically, you should never submit to field sobriety tests in Connecticut, but you should almost always consent to a breathalyzer test.
This comprehensive guide explains why. As a Connecticut DUI lawyer with over 30 years of experience defending clients across Stamford, Norwalk, Bridgeport, Danbury, and statewide, I’ll break down the law, your rights, and the best strategy to protect your freedom and your record.
Field Sobriety Tests in Connecticut – Why You Should Refuse
What Are Field Sobriety Tests?
Field sobriety tests are physical coordination tests that officers use on the roadside to gather evidence of impairment. The three standardized field sobriety tests recognized nationally are:
- 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 leg while counting.
In addition, officers often ask drivers to perform non-standardized tests like reciting the alphabet, touching their nose, or counting backwards.
Why Field Sobriety Tests Are Unreliable
The truth is that these tests are not scientific and can be heavily influenced by:
- Uneven or poorly lit roads.
- Nervousness and stress.
- Medical conditions, age, or weight.
- Weather conditions, such as snow, ice, or rain.
Even sober individuals often “fail” field sobriety tests due to these factors. Once you take them, the officer will almost always write in the report that you “exhibited signs of impairment.”
Field Sobriety Tests as Evidence Against You
What many drivers do not realize is that agreeing to perform a field sobriety test is essentially volunteering to provide the state with evidence against themselves. Under the Fifth Amendment, you have the right not to incriminate yourself. Performing these tests is not required by law and, in fact, is one of the most common ways prosecutors build their case. Once an officer documents that you “stumbled,” “lost balance,” or “failed to follow instructions,” it becomes persuasive evidence for the prosecution. Refusing to take these tests is one of the most potent ways to prevent the state from gathering damaging evidence.
Your Right to Refuse
In Connecticut, you are not legally required to perform field sobriety tests. Refusing them does not result in automatic penalties like license suspension. The only consequence is that the officer may be annoyed—but from a legal standpoint, refusing denies the prosecution critical evidence.
In Practice
If you politely refuse field sobriety tests, the state has a harder time proving impairment at trial. Without that evidence, prosecutors often have weaker cases. Many DUI defense lawyers, including myself, strongly advise clients never to agree to field sobriety testing. The refusal itself cannot be used against you in the same damaging way as a refusal of a chemical test, making it one of the best strategic choices when stopped for DUI.
Breathalyzer Tests – Why You Should Almost Always Consent
The Law on Breath Testing in Connecticut
Unlike field sobriety tests, Connecticut’s Implied Consent Law requires drivers to submit to chemical testing (breath, blood, or urine) if arrested for DUI. Refusing the breath test has serious administrative consequences: A failed chemical test (breath, blood, or urine result of .08% or higher) results in a 45-day license suspension. In addition, the driver must install an ignition interlock device (IID) as follows:
- First offense: 6 months with IID.
- Second offense: 1 year with IID.
- Third offense: 3 years with IID.
Refusing the breath test also has serious consequences, including immediate suspension and longer IID requirements.
Refusal also means you are ineligible for the IDIP (Impaired Driver Intervention Program), which is one of the most powerful tools for first-time DUI offenders to avoid a conviction.
Why Taking the Breath Test Is Usually the Better Choice
- Refusal Equals Guaranteed Penalties – Even if you beat your DUI case in court, refusing the breath test still results in mandatory license suspension.
- Prosecutors Can Argue “Consciousness of Guilt” – At trial, prosecutors will highlight your refusal as evidence that you knew you were drunk.
- Breath Test Results Are Challengeable – Unlike a refusal, which is permanent and undeniable, breathalyzer results can be attacked in court through:
- Calibration and maintenance records.
- Operator training and certification.
- Medical conditions like acid reflux or diabetes.
- Rising blood alcohol defense.
In other words, giving a breath sample provides your lawyer with evidence to fight. Refusing gives the state both a penalty and an argument against you.
Exceptions – When Refusal May Make Sense
There are rare cases where refusal may help. For example, if you know you have multiple prior DUIs and a high test result will guarantee a lengthy jail sentence, refusing might limit the evidence. But for first-time offenders, consenting to the breath test is usually the smarter long-term strategy.
Prescription Drugs and Blood Testing
It is also important to note that DUI does not only apply to alcohol. Driving under the influence of prescription medication, marijuana, or other controlled substances is also a crime in Connecticut. In these cases, if you pass a breath test but the officer still suspects impairment, you will usually be required to submit to a blood or urine test. These tests are used to detect the presence of drugs in your system. Unlike breath tests, which measure only alcohol, blood tests can reveal therapeutic or impairing levels of prescription medications or illegal drugs. This is another reason why consulting with an experienced Connecticut DUI lawyer immediately is critical—they can challenge whether the testing was done properly, whether the results are reliable, and whether your rights were respected throughout the process.
The DUI Arrest Process in Connecticut
Step 1: The Traffic Stop
Most DUI cases start with a minor traffic violation: speeding, swerving, or a broken taillight. Officers are trained to look for signs of intoxication once they make contact—slurred speech, bloodshot eyes, odor of alcohol.
Step 2: The Officer’s Questions
Anything you say can be used against you. You must provide a license, registration, and insurance, but you do not have to answer questions about drinking. Politely decline to answer questions like “How much have you had tonight?” or “Where are you coming from and where are you headed?” These questions are designed to elicit incriminating statements, and you are within your rights to say, “I choose not to answer any questions without my attorney present.”
Your Fifth Amendment Right to Remain Silent
The Fifth Amendment protects your right against self-incrimination. In practice, this means you do not need to answer any police questions beyond the basic identifying information, such as your name, date of birth, and address. Anything beyond that—particularly questions about alcohol consumption, your destination, or what you have been doing that evening—can provide the prosecution with evidence against you. It is highly recommended that you calmly and respectfully assert your rights by saying: “I will not answer any questions without a lawyer present.”
Never admit to having had “just a few drinks.” Even casual comments like this are admissions that can be used against you in court. Officers will note these statements in their report, and prosecutors will use them to argue impairment. By remaining silent and asserting your rights, you protect yourself from providing damaging evidence.
Step 3: The Field Sobriety Test Request
As explained above, you should politely decline. Say, “Officer, on the advice of counsel, I respectfully decline field sobriety testing.”
Step 4: The Arrest
If the officer believes they have probable cause, you will be arrested and taken to the station.
Step 5: The Breath Test
At the station, you will be asked to take a breathalyzer. Unless your attorney has specifically instructed otherwise, you should consent to the test.
How DUI Defense Lawyers Challenge Field Sobriety Tests
Even when clients submit to field sobriety tests, defense attorneys can attack them by:
- Cross-examining officers on lighting, road conditions, and distractions.
- Highlighting medical issues like vertigo, back problems, or anxiety.
- Showing that the tests are subjective and not scientifically valid.
In many cases, aggressive cross-examination shows that the tests prove nothing more than nervousness on the roadside.
How DUI Defense Lawyers Challenge Breathalyzer Results
Breath tests are not perfect. Defense strategies include:
- Calibration Issues: Machines must be regularly serviced and maintained.
- Operator Error: Officers need proper certification and must follow strict protocols.
- Medical Conditions: GERD, acid reflux, and diabetes can artificially raise results.
- Rising BAC: Alcohol takes time to absorb; a later test may not reflect your BAC while driving.
With a skilled DUI lawyer, breath test results can often be excluded or cast into doubt, dramatically improving your chances of a favorable outcome.
Why This Strategy Protects First-Time Offenders
First-time offenders often have the most to lose from a DUI conviction. A permanent record, license suspension, and skyrocketing insurance can derail careers and reputations. By refusing field sobriety tests, you deny the state its most persuasive evidence. By consenting to the breath test, you avoid harsh administrative penalties and preserve your eligibility for diversion programs like IDIP.
FAQs
Q: Can I refuse both field sobriety and breath tests?
A: You can, but refusing the breath test will almost always hurt your case more than help it. The only time you should consent to a breath test is when you are 100% certain that you are not intoxicated. If you have had any alcohol to drink, even a small amount, you risk providing the state with evidence that could be used to convict you. In those circumstances, politely asserting your rights and consulting with a lawyer immediately is often the best course of action.
Q: Will refusing field sobriety tests make me look guilty?\ A: Maybe to the officer, but at trial, your refusal cannot be used against you the same way a breath test refusal can.
Q: If I blow under .08, can I still be arrested?
A: Yes. Connecticut law establishes .08 as a statutory per se limit, meaning that a chemical test result at or above this number is automatically considered evidence of intoxication. However, you can still be charged with DUI even if you are under the .08 limit, because the statute also prohibits driving while impaired by alcohol, drugs, or a combination of both. Officers can base an arrest on observed impairment, erratic driving, or other evidence, even when your BAC is below .08.
Q: Do I need a lawyer for a first DUI?
A: Absolutely. A lawyer can fight for IDIP admission, challenge test results, and protect your rights. Beyond that, an experienced DUI attorney can negotiate with prosecutors, identify weaknesses in the state’s case, file motions to suppress evidence, and potentially get charges reduced or dismissed. A lawyer also helps guide you through the court process, ensures you meet all deadlines, and advocates for alternatives to conviction, such as diversionary programs. In short, a lawyer maximizes your chances of avoiding a criminal record and minimizing the long-term consequences of a DUI charge.
Q: How long will a DUI stay on my record?\ A: Without diversion or dismissal, a DUI conviction becomes a permanent criminal record.
Conclusion: Protect Your Rights – Call an Experienced Connecticut DUI Lawyer
Connecticut DUI laws are complex, and mistakes during the arrest process can make or break your case. The most brilliant strategy is clear: Refuse field sobriety tests, consent to the breath test, and call a Connecticut DUI lawyer immediately.
Attorney Allan F. Friedman, a leading Connecticut DUI lawyer, has spent over 30 years defending clients against drunk driving charges. With offices in Stamford, he defends clients throughout the state, from Bridgeport to Norwalk, Danbury, Hartford, and beyond.
Call today for a free consultation at (203) 357-5555 or visit The Law Offices of Allan F. Friedman at 1100 Summer St #306, Stamford, CT 06905. Protect your future, your license, and your record by putting an experienced DUI lawyer on your side..
