DUI Chemical Testing In Connecticut

By Christopher Cerami, Carolyn Lenoci, and Libby Branca

If you are pulled over for driving under the influence (“DUI”), the officer may ask you to submit to one or more chemical tests to determine your blood alcohol concentration (“BAC”). The results of the chemical test will play a significant role in the outcome of your DUI case. 

What is BAC?

BAC refers to the amount of alcohol in a person’s bloodstream. A variety of factors influence BAC, including: the amount of alcohol consumed, how quickly it was consumed, and a person’s age and weight. In Connecticut, a person is considered legally intoxicated if:

• They have a BAC of .08 or above and are 21 and older 
• They have a BAC of .02 or above and are under 21
• They have a BAC of .04 or above and are operating a commercial vehicle

Before Chemical Testing

An officer must have reasonable suspicion that a person is driving under the influence before pulling them over. Reasonable suspicion can stem from a variety of factors including swerving, delayed reaction time, and excessive breaking or accelerating. To make an arrest for DUI, the officer must have probable cause. Probable cause differs from reasonable suspicion in that the threshold of proof is higher. Probable cause is often based upon the results of Standard Field Sobriety Tests (“SFST”). There are three SFSTs:

• Horizontal Gaze Nystagmus Test
• Walk-and-Turn Test
• One-Leg Stand Test

If a certain number of indicators of impairment, known as “cues,” are observed during these tests, the officer has probable cause. However, the officer must read the driver their constitutional rights before placing them under arrest and requesting chemical testing.

What is the Process for Chemically Testing Someone?

Chemical testing must be performed within two hours of operating a vehicle. Upon the officer’s request for chemical testing, they must allow the driver sufficient time to contact an attorney. There are three kinds of chemical tests that can be performed:

• Breath Testing
• Urine Testing
• Blood Testing 

After the officer performs the first test, they must wait at least ten minutes before performing a second test of the same kind. The officer may request a different test if they have reasonable cause to believe a different test is more appropriate.

Can I Refuse Chemical Testing?

Under Connecticut’s Implied Consent Law, any person who operates a motor vehicle is deemed to have given consent to any chemical test. The driver may refuse chemical testing, but their driver’s license will be automatically revoked for 24 hours, and evidence of the refusal is admissible in any criminal prosecution for DUI. The officer must inform the driver of the consequences of refusing.

Breath Testing

Breath testing, also known as a breathalyzer test, is the most common type of chemical testing and provides the quickest results. Before this test is performed, the officer must monitor the driver for at least 15 minutes to ensure they do not ingest or regurgitate any alcohol or food, or smoke. The Draeger Alcotest 9510 is the most common breathalyzer model.  

Urine Testing

Urine testing is often used when a person is suspected of drug or substance use. Urine samples are taken at the police station and then sent to the State of Connecticut Toxicology Laboratory. 

Blood Testing

Blood testing is the least common type of chemical testing due to its invasive nature. The driver may refuse a blood test without repercussions, but the officer may then request a breath or urine test. A medical professional must perform the blood test.

Penalties 

If an officer finds that a driver was driving under the influence, their license is automatically revoked for 24 hours. Once convicted, the Department of Motor Vehicles (“DMV”) suspends their license. The driver will also face fines and imprisonment, which vary depending on the number of previous DUI violations. The driver will be required to install an ignition interlock device in their car. 

Impaired Driving Intervention Program (“IDIP”)

IDIP is a pretrial diversionary program that gives drivers charged with DUI the opportunity to receive alcohol education or substance abuse treatment instead of going to trial. If a driver is eligible for IDIP, they must submit an application to the court. Upon successful completion of the program, the court will dismiss the driver’s charges. This program may not be used more than once within the span of ten years and is not available to drivers with a commercial driver’s license.

If you have been asked to perform or have already performed chemical testing, Willinger, Willinger, & Bucci P.C. is here to help. Our firm will do our due diligence to determine whether the officer followed the proper procedures and notified you of your rights. A DUI conviction will have a major impact on your life, and our firm will treat that reality with the utmost respect and concern.