Many people do not understand that when they are charged with a Norwich DUI, they face consequences from different governing bodies. Obviously, they face consequences from the criminal justice system, since they are accused of breaking the law. And people are usually familiar with the potential penalties for breaking the law – fines, community service, participating in treatment programs, jail sentences, etc. But did you know that if you are charged with driving under the influence in Connecticut, you will have to deal with the Department of Motor Vehicles as well? That’s because the DMV is in charge of your driver’s license. When you run into trouble on the road, you could face consequences from the DMV. On this page, you can learn more about the DMV penalties that you face if you are charged with a Norwich DUI.
Dealing With the DMV
As soon as you are arrested for driving under the influence, the police notify the Department of Motor Vehicles. The arrest alone triggers a DMV process in which your driver’s license is suspended for a period of time, depending on how many previous DUI charges you have.
Note that it is the DUI arrest that triggers a driver’s license suspension – not a DUI conviction. This means that even if you are ultimately not found guilty of driving under the influence, you could still lose your license through the DMV.
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You will get a notice in the mail of your impending DMV license suspension. The only way that you can fight this suspension is by requesting an administrative per se hearing with the DMV. Unfortunately, these hearings are notoriously hard to win because the burden of proof for the state is much lower in civil cases than it is in criminal cases. In order to win the per se hearing, you need to prove that at least one of the following four things is true:
- You were not operating the motor vehicle at the time of the incident.
- The police did not have probable cause to pull your vehicle over and arrest you.
- The police did not arrest you.
- You did not fail or refuse a chemical alcohol test.
The DMV has to prove that all four elements listed above are false. If they cannot, you will avoid a license suspension.
Can a DUI Lawyer Help?
A Norwich DUI defense lawyer is not only helpful when dealing with your criminal case – they could also represent you during a DMV hearing. Many local lawyers do not request or attend these per se hearings for their clients. This is because they are so hard to win. However, at Lady DUI, we believe that you have nothing to lose and everything to gain by requesting this hearing and fighting for your license. We are happy to help not just with your criminal case but with the DMV process as well in an effort to save your license. Our lawyers have won these hearings in the past, and we will do our best to prevent a driver’s license suspension for you. Contact us for more information.