Connecticut has a law called the implied consent law, which imposes the process that anyone driving on the roads in the state gives their implied consent to take a test of their urine, blood, or breath. Failure to comply with these tests or failure of the test gives the DMV authority to remove that person’s license. This is the case if you are charged with a New Britain DUI. You can learn more about the DMV process after implied consent failure or a DUI charge on this page.
DMV Per Se Hearing Process
Not only does the courthouse deal with DUI cases from a criminal perspective, but the DMV handles these cases as well on the administrative end. The DMV has the right to be involved because it is responsible for what happens in terms of a person’s driving record and license. After an arrest for a DUI, the DMV will be notified. The DMV then processes the information and an Initial Suspension Notice is then given to the person. The notice will have the date of license suspension for an initial DUI. The deadline to challenge the suspension is seven days after the suspension notice, which will be included on the notice.
The DMV hearing is known as a “per se” hearing. The hearing will be held in Old Saybrook, Waterbury, Weathersfield, or Bridgeport. Only four issues can be challenged at this hearing:
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- If the arresting officer had probable cause to arrest the person for being under the influence of alcohol or drugs while driving.
- If the person was arrested.
- If the person denied taking the blood, breath, or urine test. In addition, if the request to take the test was within two hours of operating the vehicle, and if the test results show an intoxication level of at least 0.8%.
- If the person tested was operating the vehicle.
Defending Yourself During the DMV Process
A suspension at the DMV can be challenged in multiple ways. One option is to hire an attorney to attend the hearing on your behalf. An attorney can focus on things that the defendant did well to combat the arrest, probable cause, the operation, or the denied or failed test. It is good to mention if the person passed the field sobriety test, errors in police reports or the way tests were given, medical issues influencing the tests, or the fact that the defendant was not in operation of the vehicle (ie. passenger, sitting in the car while it is not running).
Despite DMV hearings being less intimidating than a criminal court case, they should still be taken seriously, as the possibility of an ignition interlock device (IID) or license suspension can deeply impact a person’s employment, reputation, quality of life, or their livelihood. You will need a DUI lawyer should you be charged with a DUI and receive notice from your DMV. If you want to speak with a New Britain DUI defense attorney, contact Lady DUI.