US Supreme Court ruled on DUI laws across America.
Laws in twelve states that impose criminal penalties on suspected drunk drivers who refuse to take a breath test to measure the alcohol in their bodies got the green light in Birchfield v. North Dakota.
Connecticut’s criminal refusal statute states, “[E]vidence of refusal to submit to test. In any criminal prosecution for a violation of subsection (a) of this section, evidence that the defendant refused to submit to a blood, breath or urine test requested in accordance with section 14-227b shall be admissible provided the requirements of subsection (b) of said section have been satisfied. If a case involving a violation of subsection (a) of this section is tried to a jury, the court shall instruct the jury as to any inference that may or may not be drawn from the defendant’s refusal to submit to a blood, breath or urine test.” Sec. 14-227a
A Refusal at the DMV per se hearing results in a hard 45-day suspension and a requirement of 6 months of an ignition interlock device. C.S.G. §§ 14-227b(k) and 14-227b(i)(2)(A).
The Supreme Court also held, laws which impose criminal penalties for failing to take a blood test violate the Constitution.
This does not apply to Connecticut, because refusal of a blood test was permissible under the Connecticut General Statutes. CSG §§ 14-227a(e), 14-227b(b)
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