Memorial Day Weekend Is DWI time

As the persistent radio and TV ads make plain, local enforcement of DWI laws are upped over holiday weekends. Memorial Day is no exception.

The question I get asked a lot is "should I take the test?" This question refers to the blood, breath or urine tests police officers are permitted to seek after arresting a motorist for DWI. This is no easy question to answer, but here are a few guiding principles.

1) The prosecutor does not REQUIRE tests in order to convict you of DWI. While he or she may prefer test results to strengthen the case, they are not required to find you guilty. Instead, witnesses can testify to your condition. These witnesses include your own passengers, people who may have been with you prior to your arrest, police officers or other witnesses. Therefore, by taking tests, you are giving a potent piece of evidence against you.

2) You have a right to refuse a breath, blood or urine test. Per our federal and state constitutions, you do not need to give your consent to these tests.

3) In Connecticut, if you refuse a test, the DMV will suspend your license for at least 6 months. Per DMV regs, you cannot get a work permit for the first half of your suspension, no matter what.

4) You have NO right to pick the type of test. The arresting officer does that.

5) The prosecutor cannot use the tests against you at trial unless they comply with the statute. If your lawyer is on his toes, tests that do not comply with the statute must be suppressed (i.e. not used at trial).

So, to answer the original question, what to do?

Refusing a test means no license, unless DMV finds, after a hearing, that you did not refuse a test.

Taking a test means that you are handing over potent evidence against you.

In short, if you have absolutely no DWI or driving history and there was no accident, it is probably safest to consent to the tests so that you can minimize suspensions and have a shot at a work permit.

If you have a bad driving history, including previous DWIs, handing over game-changing evidence that a prosecutor will use against is probably something that is best to avoid.

Above all else, get a lawyer, Only an experienced, competent lawyer with a thorough knowledge of DWI law can make certain your rights are protected, both in court and before the DMV.