DMV Process

On another page in this section, I outlined the New London court process if you are charged with a DUI. However, there is another entity that you need to think about if you face a DUI arrest – the Department of Motor Vehicles. The DMV is in charge of granting, denying, suspending, revoking, and reinstating licenses. They are not beholden to the legal standard that the court is, and oftentimes can make decisions at their discretion. It is much easier for the DMV to suspend a driver’s license than it is for the court to find someone guilty of a crime, due to the checks and balances in place in our legal system. Even refusing to take a breath test when asked is grounds for a driver’s license suspension through the DMV. You can learn more about the DMV process after an arrest and how to protect your license on this page.

Driver’s License Suspension

Several events can trigger a license suspension through the DMV. Accumulating too many points against your driver’s license is one way. Another way is refusing a breath test or BAC test when prompted to take one by law enforcement. This is because refusal to submit a test is a violation of the implied consent law in Connecticut. One other way to face a driver’s license suspension is by being arrested for DUI. Even if that arrest does not result in a conviction, the arrest alone triggers a process to suspend your driver’s license with the DMV.

Shortly after a New London DUI charge, you will be notified by the DMV that they are suspending your driver’s license. The only way to prevent this is by requesting an administrative per se hearing with the DMV as soon as possible. You have a limited amount of time to make this request, so make sure to do so as soon as you get the notice from the DMV. If you request a hearing, the license suspension will be delayed until after the hearing takes place.

The Administrative Per Se Hearing

The administrative per se hearing is completely separate from your legal case and is your only chance to save your driver’s license. During the hearing, you need to prove one of four elements in order for the DMV to waive the suspension. The elements you could prove to save your license are that there was not probable cause for your arrest, that you were not actually arrested, that you were not driving the vehicle, that you did not refuse the BAC test or that you passed the test.

If you can prove one of these four elements, the DMV may not suspend your driver’s license. Keep in mind that this type of hearing is very difficult to win, but it is worth requesting the hearing to at least try. We have worked with clients to help them ultimately win these hearings. If you need further assistance, we are here for you. We can guide you not only through your court process, but also through the administrative per se hearing with the DMV. If there is a case to be made to save your license, we will make it!