Can Connecticut Police Force a Blood Test for DUI?

 Posted on August 31, 2025 in Driving Under the Influence

If you are pulled over in Connecticut for suspected DUI, you will likely be asked to blow into a breathalyzer. Since Connecticut has an implied consent law, if you refuse a breathalyzer test, your driver’s license will be suspended. Even without breathalyzer results, you can still be charged with DUI based on the police officer’s observations of how you were driving and your general appearance and actions, so there may be very few situations that would benefit from refusing a breathalyzer.

You may wonder whether you can be forced to take a blood test against your will in Connecticut if you refuse the breathalyzer test. The answer to this question depends on a variety of factors discussed below. If you are facing DUI charges in the state of Connecticut, you should always take such charges very seriously. An experienced Stamford, CT criminal defense lawyer can help ensure your rights and your future are fully protected.

Connecticut’s Implied Consent Law

When you obtain a driver’s license and drive on Connecticut state roads, you have essentially already consented to a chemical test if you are lawfully arrested for DUI. This law falls under Connecticut General Statutes Section 14-227b. While police typically begin with a breath test, a blood or urine test can be requested under specific circumstances. Refusal of a chemical test triggers an automatic driver’s license suspension, which is done through the DMV and is separate from the criminal DUI charges.

When Can Law Enforcement Request a Blood Test?

In the state of Connecticut, the police must usually obtain a warrant for a forced blood draw so long as the driver is conscious and refuses consent. Since a blood draw is considered a significant bodily intrusion under the Fourth Amendment, a warrant is the standard requirement, barring certain circumstances. Those exceptions to the warrant requirement include:

• If the driver is unconscious and cannot perform a breath test, the police are usually allowed to order a warrantless blood test, as the Supreme Court has ruled that this situation falls under exigent circumstances.

• Other than unconsciousness, there are only a handful of other rare, emergency situations that would permit a warrantless blood draw. The natural dissipation of alcohol in the bloodstream over time is not considered an exigent circumstance, and determination is on a case-by-case basis.

Warrantless blood draws are mostly prohibited; however, the police may request a blood test when a breath test is unavailable or unreliable, when drugged driving is suspected, or when a serious accident has occurred that left another person injured or dead. Requesting a blood test does not mean you must agree to a blood test without a warrant.

When is a Warrant Required for a Blood Test Refusal?

If a conscious driver refuses a blood test, law enforcement must obtain a warrant prior to a forced blood draw. Connecticut is developing an electronic warrant program for these blood draws. As noted, refusing a chemical test can result in an automatic license suspension, which is from six months to three years, depending on whether this is a first, second, or subsequent DUI. Upon license reinstatement, an ignition interlock requirement may be required.  

Defenses Against Forced Blood Draws with a Warrant

If your blood was taken against your will – but with a warrant – your attorney may argue that the warrant lacked probable cause, was improperly executed, or was defective. There may have been a chain of custody issue if the blood sample was improperly handled. A defense attorney may argue that you had a medical condition like diabetes that affected the blood test results, or there may be constitutional challenges available if the police refused your request for an attorney or failed to properly Mirandize you.  

Contact a Fairfield County, CT DUI Lawyer

If you are facing DUI charges – regardless of the circumstances – you need a highly experienced Stamford, CT criminal defense attorney from the Law Offices of Daniel P. Weiner as your legal advocate. It is never advisable to try to defend yourself against DUI charges, as the penalties can be severe and long-term. Attorney Weiner has served the people of Fairfield County for more than four decades. Call 203-348-5846 to schedule your free consultation.