What happens when a person is charged with a DUI? One thing that you might expect is to go through the criminal court process, but did you know that you will also have a DMV issue to deal with as well? This is because the DMV is the governing body of your driver’s license, which could be impacted by a DUI. Both the court and the DMV could suspend your license. You can learn more about a DMV hearing and license suspension on this page.
The DMV Process
When arrested for a DUI, certain things happen. The arresting agency, by law, must report this to the Department of Motor Vehicles. The DMV then processes your information. Also, they will issue a notice to you that they plan on suspending your license. The DMV can suspend your driver’s license because of the state’s implied consent law. This law states that whenever you drive on the roads in Connecticut, you give your consent to submit to a chemical test of your blood, breath or urine. If you fail this test, or refuse to give a sample, the DMV can strip you of your privilege to drive. This happens for a specified time period. The Implied Consent Law in Connecticut Reads:
When your license is automatically suspended by application of 14-227b, it is deemed a “Per Se” case. “Per Se” is Latin for “Of Itself.” Per se hearings held pursuant to §§ 14-227b must remain limited to four issues: See Buckley v. Muzio, 200 Conn. 1, 8, 509 A. 2d 489 (1986); Weber v Muzio, 204 Conn. 521, 523, 528 A. 2d 828 (1987). The four (4) issues at the administrative hearing are as follows:
(1) Did the police officer have probable cause to arrest the person for operating a motor vehicle while under the influence of intoxicating liquor or drug or both or while his ability to operate such vehicle was impaired by the consumption of intoxicating liquor; (2) was such person placed under arrest; (3) did such person refuse to submit to such test or analysis or did such person submit to such test, commenced within two hours of the time of operation and the results of such test or analysis indicated that the ratio of alcohol in the blood of such person was eight-hundredths of one percent or more of alcohol, by weight; ad (4) was such person operating the motor vehicle.” Conn. Gen. Stat. §§14-227b(f).
Unfortunately, many DUI lawyers view the DMV hearing as a “lost cause,” and won’t even bother trying to help you navigate it. While DMV hearings can be tricky, they are always worth attending and it is worth defending yourself at this hearing. I will assist you if you want to fight a DMV license suspension. We have nothing to lose by trying. Contact my office to learn more today.