There is a common misconception surrounding acquiescence to the BAC test due to the existing concept of implied consent in Connecticut. There are two distinct facets to dealing with a Danbury DUI. There is the criminal side, but there is also the Department of Motor Vehicles (DMV) side (DMV).
When driving on a public roadway in Connecticut, each driver automatically consents to submitting to a requested BAC test, and as far as the DMV is concerned, declining a BAC test is grounds for a suspension of your driver’s license. However, refusing to take a BAC test does deprive the State’s Attorney of obtaining said evidence from the police for use in a criminal proceeding. As you can see, there are pros and cons of both options. You can learn more about the DMV DUI process on this page.
DMV Administrative Hearing
Although refusing the BAC will result in the Department of Motor Vehicles being notified and your license being suspended, either right away or beginning on a certain date, depending on if it’s the first offense or not, the operator of the motor vehicle will have the opportunity to contest the suspension at an administrative hearing with the DMV. Depending on what happens at this hearing your license suspension from the DMV may continue, or it may be suspended.
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It is important to note that this is separate and distinct from the criminal aspect of receiving a DUI charge. The DMV will send written confirmation that a license has been suspended, and the person will have seven days from this notice to inform the DMV that they chose to contest the suspension. It is the Department of Motor Vehicles and not the court that handles license suspensions, driving records, and the ignition interlock systems that are required.
The Connecticut DMV administrative hearings concerning license suspension are called “per se” hearings, and these take place in 1 of 4 locations; Wethersfield, Waterbury, Old Saybrook, and Bridgeport. Which location is chosen is dictated by where the BAC incident occurred. In this vein, the DMV is not concerned with the overall incident in the way that the courts are. The DMV is instead focused on the failed or refused BAC test.
There are essentially only four things the Department of Motor Vehicles is concerned with; (1) If the police had probable cause to make a DUI arrest; (2) If the person was arrested; (3) If the person refused to submit to the breath test, or if they failed the test within two hours of vehicle operation by having a registered amount over .08%; and (4) If the person was in fact driving the vehicle. It is due to the previously mentioned implied consent doctrine that the person facing the suspension show that one of these things did not occur. Absent that, the suspension will be upheld.
The loss of a license may have a great impact on a person’s employment, as well as life in general. If you have been sent notice that your license is suspended from a Danbury DUI, you may have the chance to challenge that suspension. As such, it is imperative that one speak with a DUI attorney, and Lady DUI is here to help. Contact Lady DUI to speak with an attorney about your license suspension or DUI.