The DMV may get involved in your DUI case in many cases. Any person driving on Middletown roads or any other roads in Connecticut gives their implied consent to a chemical test of urine, breath, or blood. This is called the implied consent law, and it usually comes into play if a police officer thinks that a driver is operating their vehicle while under the influence.
Refusing a blood alcohol content (BAC) test or another test that is required by a police officer is a violation of this law. Failing one of these tests is also a violation of the law. If this happens, the Department of Motor Vehicles (DMV) is allowed to take a person’s driver’s license away. You can learn more about your driver’s license and the DMV on this page.
The DMV handles DUI cases along with the courthouse since the DMV handles a person’s driving record and license. The arresting agency will notify the Department of Motor Vehicles once a person is arrested for a Middletown DUI. An Initial Suspension Notice is issued once the DMV processes the information. The notice contains the date of suspension, which is immediate for repeat DUIs and 30 days after the arrest for first-time DUI offenders. Also included is the deadline to seek out a DMV hearing to confront the suspension, which is seven days following the date of the suspension notice.
Administrative Per Se DMV Hearings
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DMV hearings are also called “per se” hearings and will take place at one of four locations in Connecticut: Weathersfield, Waterbury, Old Saybrook, and Bridgeport. The following are the only four issues that can be brought up during a Department of Motor Vehicles hearing:
- If there was or was not probable cause for an arrest for being under the influence of alcohol or drugs while driving.
- Whether the person was arrested.
- Whether the person refused or failed the test required of them.
- Whether the person was the one driving.
A suspension at the DMV can be contested. Attorneys can discuss things that the client did well to challenge the operation, arrest, failed or denied test, or probable cause. It is important to highlight mistakes in the police report or administration of the tests, medical issues affecting the test, a passed field sobriety test, or the fact that the person was not the one operating the vehicle (if they were a passenger or in the car while it was not on).
The consequences of license suspension and ignition interlock devices are very serious and can affect a person’s life greatly. It’s important to have a good DUI defense lawyer by your side not only to fight the criminal DUI charges, but also to contest the license suspension with the Department of Motor Vehicles. If you have been charged with a DUI and received notice from your DMV, call Lady DUI today to talk to a Middletown lawyer about your situation. Our team is happy to help.