DMV Process

Connecticut has an implied consent law, which, if violated, could trigger a DMV process. This means that anyone driving on the roads gives their implied consent to take any chemical test of urine, blood, or breath that is requested by a police officer. Refusal to take the test that is requried or failure of the test will result in the Department of Motor Vehicles (DMV) stripping the person of their license.

Per Se Hearings in the DMV Process

The DMV handles DUI cases along with the courthouse, as the DMV is in charge of driving records and what happens to a person’s license. After a person is arrested for a DUI, the officer will notify the DMV of the arrest. This will trigger the DMV process. The DMV will process all of the information, and the person charged with DUI will receive an Initial Suspension Notice. The date of suspension will be included on the notice, which is 30 days after being arrested for first-time offenders and immediately for subsequent offenders. The deadline to request a DMV hearing will also be stated in the notice, which is seven days after the time of the notice. 

DMV hearings are referred to as “per se” hearings. They are an essential part of the DMV process. The hearings will be held at either Old Saybrook, Bridgeport, Weathersfield, or Waterbury. Only four issues can be discussed at these hearings:

1. If there was cause to arrest the driver that was allegedly driving under the influence of either drugs or alcohol.
2. Whether the person was arrested.
3. Whether the person declined a urine, blood, or breath test and whether the request to take the test was given within two hours of the time of driving, and if the results showed a blood alcohol content (BAC) of at least 0.08%.
4. Whether that person was driving.

Getting Help

There are a few ways to contest the suspension at the DMV hearing. Quality attorneys will showcase the good things a defendant did in order to challenge the arrest, probable cause, refused or failed test, or the operation. Some things to highlight are passed field sobriety tests, errors in the test administration or police report, the person was not operating the vehicle (they may have been a passenger or sitting in the car while it was not running), or medical issues which hindered the results of the test. 

Even though a criminal court case is much scarier than a DMV hearing, license suspension and the possibility of an ignition interlock device can come with plenty of consequences to a person’s reputation, quality of life, and chances of employment. If you have received your DMV notice and are looking for an Avon DUI lawyer to advocate for you, call Lady DUI for assistance. We are happy to help.