Connecticut has something called an implied consent law. The implied consent law states that everyone who operates a car on a public way in Connecticut has consented to a BAC test. Failure to do so will trigger a DMV process. This law does not affect the criminal aspect of a Windsor DUI case, and at times, declining a blood alcohol content (BAC) test will deprive the prosecution of evidence.
However, as far as the Department of Motor Vehicles (DMV) is concerned, any violation of implied consent laws will result in an automatic fine. This fine is independent of the criminal justice system and instead is imposed by the DMV. You can fight a license suspension imposed by the DMV, but only if you act quickly. Learn more about the DMV per se hearing and how to fight a DMV driver’s license suspension on this page.
Windsor DUIs and the DMV Process
Upon refusal or failure of a BAC test, the DMV will be notified. At this point, they will send notice to the driver that their license is to be suspended at a certain date and informs them of the manner in which they may appeal the ruling. Typically this must be done within seven days of receiving the notice. These hearings that can be requested are known as “per se” hearings. If the driver wins this hearing, their license will be reinstated.
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The DMV has the right to suspend a driver’s license as it sees fit. The DMV is in charge of awarding licenses and can also take them away. In addition, you could face a license suspension as a criminal penalty if convicted of a DUI, but this is a different process completely independent of the DMV process.
Contesting Your Suspension and the DMV Process
While the criminal court handles the criminal aspect, the DMV process only concerns itself with license suspensions, ignition interlock systems, and driving history. These hearings are held in one of four locations, Bridgeport, Old Saybrook, Waterbury, and Wethersfield.
Further, only four things can be argued at a per se hearing with DMV. These four things are if the person failed or refused a BAC test, if the person was arrested, if the person was in fact driving, and if the police had probable cause to make the arrest. Due to this, these hearings are usually resolved quickly, especially compared to the criminal aspect of the case. BAC failures and refusals are violations of implied consent, and unless the driver can win on one of the issues above, the suspension will stand.
Although people usually focus on the criminal aspects of Windsor DUI cases, it is important to remember that a DMV license suspension can have a negative impact on people and their lives. As such, it is best to go to this hearing and fight the DMV license suspension. The good news is that you can have a lawyer present at this hearing fighting for your cause. Our lawyers have gone to and won DMV hearings before on behalf of our clients, and we are happy to help you as well. Contact our office for more information.