DMV Process

In Connecticut, there are two separate and distinct aspects to a DUI-related incident. These elements are the criminal process, which I have discussed on another page in this section, and the DMV process. The East Lyme DMV has administrative hearings called ”per se” hearings, and these are held in one of four locations, in Bridgeport, Old Saybrook, Waterbury, and Wethersfield.

Connecticut has an implied consent doctrine, which says that everyone who drives on a public road has automatically agreed to take a blood alcohol content (BAC) test when requested, and refusing to do so results in the DMV suspending the person’s license. It is the same penalty as if you failed the BAC test. However, the BAC results are used against you in criminal proceedings, so refusal is an option and must be decided by the individual in the situation. You can learn more about the East Lyme DMV proceedings on this page.

Per Se East Lyme DMV Hearings

Upon failure or refusal of a BAC test, the DMV will be notified by the police, and they will send notice to the person that their license is suspended. For first-time DUI offenders, the suspension usually starts 30 days later. For subsequent DUI offenders, the suspension usually takes place immediately, and it begins the clock on the person’s time to appeal the decision at an administrative hearing, typically seven days.

The East Lyme DMV has a limited number of elements in a DUI situation that it can review, and the atmosphere of the DMV building is not as oppressive as a courthouse, so it is generally the quicker and easier part of the experience for the defendant. The DMV only concerns itself with driving suspensions, driving history, and ignition interlock devices.

There are only four things that can be argued at this hearings, those being whether the officer had cause to arrest the driver for driving under the influence of alcohol or drugs, whether the driver was placed under arrest, whether the person refused to submit to a breathalyzer, blood, or urine test and if the test was given within two after the person operated the vehicle and whether the analysis showed that the person’s BAC was over .08%, and whether the person was actually driving the vehicle.

Getting Help

BAC refusals and failures are ”per se” violations and will result in the suspension of the person’s license unless they can prevail on one of the four points above. To best be positioned to challenge one of the four issues before a DMV administrative hearing, it is best to have someone familiar with the laws and requirements for this type of hearing. To speak with an East Lyme DUI defense attorney, contact Lady DUI today.