DMV Process

When a person is arrested for a Bridgeport DUI, the police will notify the Department of Motor Vehicles. This is because the DMV is the governing body for driver’s licenses throughout the state. They have the discretion to grant, suspend, revoke, or deny a driver’s license. Being arrested for a DUI is grounds for a license suspension, so the DMV is notified and will proceed with a driver’s license suspension. There is only one way to prevent this suspension – by requesting a hearing with the DMV and proving that the driver does not qualify for a license suspension under the DMVs regulations. You can learn more about this process here.

What is the Per Se Hearing?

After a person is arrested for a Bridgeport DUI, the DMV is notified. The DMV then notifies the person who was arrested that their driver’s license is being suspended for 45 days. This happens regardless of whether the person is convicted of DUI or not. The DMV process is completely independent of the court process, and the burden of proof is much different when it comes to the DMV. The DMV has the right to suspend a driver’s license at their discretion.

Once you receive this notice that the DMV is suspending your license, you have the option to request a per se hearing with the DMV. As mentioned above, this is the only way that you can prevent the driver’s license suspension from going through. So once you are contacted by the DMV, request the hearing as soon as possible. You only have a few days to request this hearing so make sure that you do so right away.

At your DMV hearing, there are only four elements that you can contest which could save you from the driver’s license suspension. These elements are:

1. That the police officer had probable cause to pull you over and arrest you. If you have evidence that the police officer had no reason to stop you while you were driving and charge you with DUI, you may be able to avoid a license suspension.
2. That you were arrested. If you can prove that you were not arrested for DUI, you may be able to save your license.
3. That you refused a BAC test when the police officer asked you to take one, or that the test was administered improperly, or that you did not fail the test. If you can prove that you took and passed the test, or that you failed the test due to an error, the DMV might not suspend your driver’s license.
4. That you were the person driving the motor vehicle. If you were not operating the motor vehicle as defined under law, your license should not be suspended.

DMV Hearings are Tricky – Get Help!

As you can see, there is a very narrow scope of elements to contest in order to save your driver’s license from suspension by the DMV. The truth of the matter is that it is difficult to win these hearings and prevent a suspension, but it is possible. Don’t miss your chance to contest the suspension by just assuming that you will lose the hearing. Also do everything that you can to win by having a Bridgeport DUI defense lawyer by your side. While there is no guarantee of a good outcome, it is possible. We have represented clients at these hearings and won in the past, and will fight for your license.