Connecticut DMV Hearing After DUI Arrest

When a person is arrested and charged with driving under the influence in Connecticut, two different processes will take place. The first process is the criminal charges adjudicated through the criminal court. The second process is going through a license suspension with the DMV. This second process might include a DMV hearing. This can be finished when a person receives their license suspension notice and accepts the suspension.

However, the process may continue if the person decides to challenge the suspension. They can do this by requesting a DMV hearing. The DMV hearing, known as a per se hearing in Connecticut, is a hearing before an administrative officer. The officer determines whether the suspension will occur after hearing arguments and evidence. You can learn more about what to expect at a per se hearing on this page.

What is the DMV Hearing?

After getting arrested for a DUI, the driver will receive in the mail a suspension notice. The notice will alert them to the automatic license suspension. Included in the suspension notice is the date of the suspension, the length of the suspension, and how to challenge the suspension with the DMV.

From the date that the notice is issued, the driver will only have seven days to request a hearing. If no hearing is requested within this time frame, the suspension will be automatic, and the suspension will still occur even if the hearing date occurs after the suspension begins. However, if the suspension hearing is requested, the DMV must grant the driver the opportunity to be heard in a per se hearing.

The per se hearing can only take place at one of four locations in Connecticut, which are located in Bridgeport, Waterbury, Old Saybrook, and Wethersfield. The per se hearing is heard before a licensed hearing officer appointed by the Commissioner of Motor Vehicles. The two opposing parties in this hearing are the driver and their attorney and the DMV, who is often represented by an attorney.

Defending Yourself

Many times these hearings are conducted in a small hearing room, and in the room will be the hearing officer, the reporter, who records everything that is said on the record during the hearing, the representing attorneys, the driver, and often the arresting police officer who is subpoenaed to testify.

Unlike a criminal court hearing, the per se hearing only revolves around four potential issues that can be raised:

1. If the police officer had probable cause to arrest the driver for a DUI.
2. Whether the driver was in fact placed under arrest.
3. Whether the driver submitted to a blood, urine, or breath test and if the results of that test indicated an elevated blood alcohol content (BAC).
4. Whether the driver was in fact operating the motor vehicle.

It is important to note that there is a much lower standard of proof required in a per se hearing than there is in criminal court. This standard is a “preponderance of the evidence.” A preponderance of the evidence is a much lower standard because the driver must only show that there is a greater than 50% chance that one of these issues exists. The driver can present documents and testify in support of these arguments.

The DMV will rely on the police report, police officer testimony, test results, and possibly surveillance to argue against the challenges raised by the driver. Oftentimes, the suspension can be overturned by issues with the paperwork or test results or if the arresting officer does not show up to testify.

Results

After the per se hearing is over, the hearing officer will have 90 days to make a determination. A finding of only one of the issues mentioned above will overturn the suspension. The hearing officer will consider all evidence presented, including video evidence, witness testimony, the driver’s testimony, warrants, police reports, medical records, and other evidence presented by either side. If the hearing officer determines that none of the issues exist by a preponderance of the evidence, the suspension will remain effective.

If you have been arrested for a DUI in Connecticut and you are facing a license suspension, it is critical to have representation in the per se hearing. If you have further questions about what to expect at a DMV hearing, or need representation, contact Lady DUI today.