DMV Process

When one is arrested for a Branford DUI, there are two distinct aspects of the case, the criminal matter and the Department of Motor Vehicles (DMV) matter. The criminal aspect deals with potential prosecution by the state and criminal penalties such as jail time, fines, probation, etc. The DMV side deals with driving privileges, driving history, and ignition interlock systems. Learn more about the DMV process and DMV per se hearing on this page.

In Connecticut, there is an implied consent law, which means that anyone who drives on a Connecticut road has implicitly agreed to take a breathalyzer test if asked to by the police. Refusing this test, or failing it, results in a suspension of one’s license from the Department of Motor Vehicles.

However, even though refusal could result in an automatic driver’s license suspension, it can be beneficial in some cases. Refusing may help prevent evidence from getting to the prosecution, which could help in the criminal matter of the case. There are pros and cons to consider when refusing a breathalyzer test. It is best to consult with a lawyer before proceeding. A lawyer could also help you fight a license suspension if you don’t take the test or the test results if you do take the test.

Per Se Department of Motor Vehicles Hearings

After the arrest occurs, the DMV will be notified. At that time, they will send notice to the driver of the date at which their suspension begins, and the clock begins ticking on the time allowed for them to appeal this decision. A person typically has seven days to request a Department of Motor Vehicles hearing to fight the suspension.

These hearings are called “per se” hearings, and these are held in one of four locations in the state, Bridgeport, Wethersfield, Old Saybrook, and Waterbury. In these meetings, there are only four points of contention that may be argued. These points are: if there was probable cause, if the person was arrested, if the person was driving, and if they failed or refused the BAC test. Due to this, these hearings typically are much quicker than what happens in criminal court. Furthermore, these hearings are not held in courthouses and have much more limited personal involved.

Although the DMV often wins these hearings, there are still some good ways to challenge the Department of Motor Vehicles in those hearings. An effective Branford DUI defense attorney may be able to challenge the probable cause by pointing to the successful aspects of your interaction with the police. Also, they can go after the errors in a police report, medical issues that affected the test, or if mistakes had been made in administering the BAC test.

Despite the DMV hearing being less intimidating than the criminal process, it is still very serious and important and has a lasting effect on a person’s life for some time. Loss of driving privileges can interfere with work and life, and ignition interlock systems are costly and require much time to be spent on calibration. In light of this, it is important that one have the best possible representation for these types of hearings. To speak with a lawyer today, contact Lady DUI today.