It is important to note that the DMV and criminal process are two separate and distinct things when it comes to a Glastonbury DUI. What occurs in the criminal proceedings will not inform what happens in the DMV hearing. On this page, you can learn more about the DMV process that you will face if you are charged with a DUI in Glastonbury.
When it comes to DUIs, refusing a breathalyzer test deprives the government of evidence to be used against you in a court of law. However, the DMV process is not a court of law, and refusing a breathalyzer or blood alcohol content (BAC) test will result in your license being suspended automatically by the DMV. This is due to the doctrine of implied consent, which states that implicitly, everyone who drives on a Connecticut road has consented to taking a BAC test if requested. The license suspension imposed by the DMV is separate from the potential criminal license suspension that you face if convicted of driving under the influence.
Upon failure or refusal to take a BAC test, the DMV will be notified and will suspend your license. The DMV will mail you a notice with a date that the suspension takes place and the manner in which to contest the suspension if you so choose. Typically this period is seven days. These hearings are called “per se” hearings. The DMV is only concerned with driving history, driving suspension, and ignition interlock systems, and there is a limited amount of things that can be contested in these hearings, so they generally go quite quickly.
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If the driver wins this hearing, the suspension will be uplifted. However, keep in mind that you still face criminal proceedings and penalties even if you win your DMV hearing. The four elements that may be contested in the DMV hearing are if police had probable cause, if the person was arrested, if the person refused or failed the BAC test, and if the person was in fact driving. That is it. These hearings are held in one of four locations, depending on where the arrest occurred. The locations are Bridgeport, Old Saybrook, Waterbury, and Wethersfield.
These hearings are held outside of the courtroom, with limited personnel, and they typically lack the formalness of a traditional courtroom setting. However, they are still important, as the decision made in this hearing may have a great impact on a person’s life and livelihood. If you are summoned to a DMV hearing because of a DUI-related offense, you should contact an attorney immediately. Our lawyers have represented clients throughout the DMV process before and know the ins and outs of this process. For help with the criminal or DMV process related to a Glastonbury DUI, contact our office today.
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