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DMV Process

One thing to think about if you are charged with a Guilford DUI is how the Department of Motor Vehicles will be involved in your situation. The DMV will suspend your driver's license, even if you are not ultimately convicted of a DUI. However, you can challenge the suspension at a DMV per se hearing. Learn more about this hearing here.

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When one is arrested for a Guilford DUI, there are two distinct and entirely separate aspects to the matter. These are the criminal part, handled by the criminal court, and the Guilford DMV part, handled by the DMV. The DMV is in charge of license suspensions, driving records, and ignition interlock requirements for drivers accused of breaking the rules of the road.

The Role of the Guilford DMV

When one is arrested for DUI, the police notify the DMV to send notice to the person that their license is suspended, beginning on a certain date. This also begins the clock on the person’s ability to appeal the suspension at a “per se” administrative hearing before the Guilford DMV. Typically for first-time offenders, the suspension will begin 30 days after the arrest, and those with subsequent DUIs have their suspension effective immediately.

In Connecticut, there is the law of implied consent, which means that anyone driving on a public road has implicitly agreed to take a blood alcohol content (BAC) test when requested to do so by the police. Refusing a BAC test or failing a BAC test results in an automatic suspension of the driving license with the DMV.

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DMV Hearings

DMV hearings are held in one of four locations – Bridgeport, Waterbury, Old Saybrook, or Wethersfield. These settings are less formal than the courthouse, and with the limited personnel present, it is often the easier of the two for the client, emotionally speaking. Further, these hearings usually go by quite quickly, as there are only four points of contention that may be argued. Those points are if the police had probable cause to make an arrest, if the driver was arrested, if the person arrested was in fact driving, and if the person refused or otherwise failed the BAC test.

Despite suspensions happening automatically through the Guilford DMV when one refuses or fails a BAC test, there are still several good ways an attorney may challenge this decision. Attorneys evaluate the police report while pointing out mistakes and errors that could reverse the suspension. This is most typical when the officer lacked probable cause, the person did not refuse the test, malfunctions with the BAC test itself occurred, or the driver was not driving the vehicle at the time. A DUI defense lawyer can help you prove any of these points.

Although the DMV process is typically less intimidating than the court process, the punishments handed out can be serious and long-lasting, and may have a large effect on a person’s life and livelihood. Due to this, it is imperative that one have a Guilford DUI defense attorney represent them on these matters. To speak with a member of our team and get help with the criminal and DMV aspects of a DUI, contact us.

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