DMV Process

When a person faces a Derby DUI arrest, they face two distinct processes - the court process, which you likely expect after an arrest, and the DMV process. The DMV may suspend a driver's license separately than the court may in the case of DUI. In most cases, this is an automatic suspension and it can only be challenged by requesting an administrative per se hearing. Learn more about this type of hearing below.


When a person is arrested for a DUI in a Connecticut town such as Derby, two separate processes will trigger. First is the court process, which you probably expect if you are accused of a crime. However, there is another process to be aware of, and that’s the DMV process. Many people do not consider the fact that driving infractions and crimes mean communication with the DMV, since that is the governing body that allows citizens to drive in Connecticut. When the DMV learns of your arrest for DUI, they will automatically suspend your license because to the DMV, a DUI charge implies that you are not driving safely on the roads. There is a way to fight this suspension, but it can be a tough road. You can learn more about it here.

DMV Per Se Hearings

As I’ve mentioned, the DMV has the right to suspend or revoke a driver’s license if they have reason to believe that a person is not operating safely on the roads. DUI is one of the reasons why a license could be suspended. Simply the accusation of DUI is enough to trigger a suspension with the DMV. You do not actually have to be convicted of this crime for the DMV to suspend your license, and the DMV process is completely separate from the court process. This means that even if you are found innocent of DUI in court, the DMV still has the power and right to suspend your driver’s license.

The only way to fight this suspension is to request a per se hearing with the DMV. This must be done as soon as you receive notice that the DMV is suspending your driver’s license. If you wait too long to request a hearing, you waive your right to one. So as soon as you receive notice of a license suspension from the DMV, you should request this hearing.

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While per se hearings are difficult to win in Derby and throughout the state, you have nothing to lose by requesting one and trying to defend yourself and your license. At our firm, we assist our clients with the DMV hearing and help them establish a valid defense against the driver’s license suspension. In our experience, these hearings are difficult to win, but we will fight for you regardless.

The DMV hearing is so difficult to win because there are only four elements that you can challenge in order to have the license suspension overturned. You can only defend against the following elements of a DUI arrest:

  • The police officer had cause to make the DUI arrest.
  • You were arrested for a DUI.
  • You refused to submit a breath test when asked to do so by the police, or you failed the test.
  • You were the person actually driving the motor vehicle.

As you can see, these are difficult elements to disprove. However, we have seen it done before. If you would like help with an administrative per se hearing resulting from a Derby DUI charge, contact us. We are happy to answer your questions and walk you through this process.

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