The law of implied consent means that in Connecticut, any person that drives on the road has already given implied consent to submit to a breath, chemical, blood, or urine test when asked to. Any person that refuses to comply with the BAC test will face an automatic license suspension with the DMV. Then you will enter the DMV process of this experience. The suspension will only be reversed after winning an administrative hearing to contest the suspension. You can learn more about the DMV process related to a Waterbury DUI here.
When a person is arrested for a DUI, the courthouse handles the court process while the DMV handles the consequences that the person may face regarding their license and driving record. After the DUI arrest, the arresting agency notifies the DMV, and the DMV will then process the information and send the arrestee an Initial Suspension Notice. Included in this notice is the date of the suspension, which begins 30 days after the arrest in first-time DUI cases and immediate suspension for subsequent DUIs. Included in this notice is also information about how to contest the suspension. The deadline to request a hearing to contest the suspension is seven days after the date of the notice.
DMV hearings are part of the DMV process. They are called “per se” hearings, and they are only held in one of four locations: Wethersfield, Waterbury, Old Saybrook, and Bridgeport. The matters that can be contested in these hearings are very limited because there are only four issues that can be discussed.
Call us today to schedule a free consultation with my team. Hope will not fix your Connecticut DUI charge. Contacting us can!
The first issue is whether the police officer had probable cause to arrest the person for driving under the influence of alcohol or drugs. The second issue is whether the person was placed under arrest. The third issue is whether the person refused to submit to a breathalyzer, blood, or urine test, whether the test was given within two hours after the person operated the vehicle, and whether the analysis showed that the person’s BAC was over .08%. The fourth issue is whether the person was driving the vehicle as driving is defined under the law.
Although license suspensions by the DMV happen automatically after a failure or refusal to take a BAC test, there are several good ways to challenge the suspension at the administrative hearing. A good attorney will be able to evaluate the police report and other findings in a case and point out mistakes and errors that could lead to a reversal of the suspension. The most common errors include the officer lacking probable cause, if there was not an actual refusal of the test, if there were other factors that led to the failed test, or if the client was not driving the vehicle.
A DMV administrative hearing may not seem as scary as a criminal court case because the consequences are less severe, and the process is generally much faster. However, the consequences of license suspension and the possibility of using an ignition interlock device can be quite intimidating and imposing on a person’s livelihood, quality of life, and employment, and reputation. If you have been charged with a DUI and you have received your notice from the DMV, you will need a DUI lawyer to fight for you at the hearing. Contact Lady DUI to speak with a lawyer today.
Get your free copy of Teresa's eBook on surviving a Connecticut DUI. Delivered right to your inbox.