Connecticut DMV Per Se Hearing Attorney

If you have been charged with a DUI in Connecticut, you will quickly realize that the criminal justice system is not your only obstacle, because the Connecticut Department of Motor Vehicles has its own penalties that they impose upon persons arrested for a DUI. Yes, that is right, the DMV can impose penalties for an arrest, like the suspension of your driver’s license, even if you are never convicted of a DUI in criminal court.

Hiring experienced criminal defense attorneys like those at Black’s Law Group will help to best protect your interests when facing DMV penalties. Below, you can find some general information regarding DMV Per Se hearings.

What Is a DMV Per Se Hearing in Connecticut?

A DMV Per Se hearing, also called an Administrative Per Se hearing, is a separate proceeding from your criminal case. It is handled entirely by the Connecticut Department of Motor Vehicles and focuses on your driving privileges, not on whether you are guilty of a crime. The two proceedings run on separate tracks. You can win your criminal case and still lose your driver’s license at the DMV level.

DMV administrative hearings exist because of Connecticut’s implied consent law. When you get a driver’s license in Connecticut, you automatically agree to submit to chemical alcohol tests if a police officer suspects drunk driving. Refusing or failing a chemical alcohol test triggers a Per Se license suspension, meaning your license can be automatically suspended based on that fact alone.

Understanding the difference between a DMV administrative proceeding and a criminal proceeding is important. In a criminal proceeding, the state must prove guilt beyond a reasonable doubt. In a DMV hearing, the standard is lower. The DMV hearing officer only needs to find substantial evidence that certain facts occurred. This makes the DMV Per Se process easier for the state to win, which is exactly why having a Connecticut DMV Per Se hearing attorney matters.

How Does a DMV Per Se Hearing Get Started?

After a DUI arrest, the arresting police department is required to submit a suspension notice and accompanying paperwork from the arrest to the DMV, usually the next business day. From there, you will receive a letter to the address listed on your driver’s license telling you the date that your license suspension will take effect and the deadline to request a Per Se hearing to contest your license suspension.

These hearings move fast, as you have seven days from the suspension notice to request the hearing, which is then usually set for a hearing shortly thereafter. If you hire Black’s Law Group to represent you during such a hearing, we can file a continuance request with the DMV and receive a relatively short 15-day extension for the date that your suspension is scheduled to take effect, to move the hearing date back further in time.

Act quickly after receiving your suspension notice. Missing the seven-day deadline to request a Per Se hearing means giving up your right to contest the suspension. Your driver’s license will be automatically suspended without any opportunity to challenge it. Do not wait. Contact a Connecticut DUI attorney as soon as possible after your DUI arrest.

Why Request a Continuance?

Investigating the law and facts of any case takes time. Additionally, an experienced DMV Per Se attorney will exercise any available tools to gather evidence regarding the arrest in a search for the best available defenses. Putting all of this together takes some time but also maximizes the chances of successfully presenting a defense.

A continuance gives your attorney time to review test results from any breath test, BAC test, or blood test that was conducted at the time of arrest. It also allows time to examine standardized field sobriety test results, review police reports, and identify any weaknesses in the arresting officer’s observations. Expert testimony may also be considered depending on the circumstances.

The goal is not to delay for delay’s sake. Every extra day is used to build a stronger defense. Your driving privileges are worth fighting for, and proper preparation is how that fight is won.

Are These Hearings in Court?

No. In fact, these hearings are now conducted almost entirely online. These hearings still operate as evidentiary hearings. However, instead of a judge, a hearing officer presides over the hearing. They will receive evidence, like the police reports and other similar police-created documents, before adjourning the hearing to make a decision.

Your attorney can cross-examine the arresting police officer at the hearing. This is an important tool. Questioning the arresting officer about their observations, the administration of standardized field sobriety tests, and the accuracy of any BAC test or breath test can reveal weaknesses that support your defense.

Medical records and statements from a medical provider can also be relevant in some cases. If a medical condition affected your field sobriety test results or your blood alcohol content reading, that evidence can be presented to the hearing officer. A skilled attorney knows what to introduce and how to present it effectively.

What Are the Legal Standards at a DMV Per Se Hearing?

First, this is NOT a criminal case. The DMV does not need to prove its case beyond a reasonable doubt. Instead, the hearing officer will need to determine whether there is substantial evidence that four things happened:

• Were you operating a motor vehicle?
• Did the police officer have probable cause to arrest you for a DUI?
• Did the arresting officer in fact arrest you for a DUI?
• Regarding chemical alcohol tests: If you submitted to one, did you fail the standards (often a breath test or bac test)? Or did you refuse the chemical alcohol test? In Connecticut, by simply acquiring a driver’s license you are required by law to submit to chemical alcohol tests under the implied consent law. Therefore, the DMV can suspend your license for the mere act of refusal.

The hearing officer finds against you if substantial evidence supports all four elements. Probable cause is one area where a defense attorney can challenge the state’s case. If the arresting officer did not have a valid reason to stop and arrest you, that can be raised at the DMV administrative hearing.

What Are the Results of a Hearing?

A defendant will typically learn about the results of their hearing within a week. At that time, you will find out whether your license is being suspended or, alternatively, that you have successfully contested the elements and will not face a license suspension. For those who have lost their DMV hearing, not all is lost. You can also apply for a number of different types of special operator permits to restore limited driving privileges during the time that your license is suspended.

Special operators’ permits come in different forms. A work permit allows you to drive to and from your job during the suspension period. A school permit allows driving for educational purposes. These permits do not fully restore your driving privileges, but they can help you maintain some level of daily function while the suspension is in effect.

The outcome of your DMV hearing does not determine the outcome of your criminal court case. They are separate. However, the evidence gathered and the strategies used during the Administrative Per Se hearing can provide useful information for your DUI defense in the criminal proceeding. An experienced attorney will use both proceedings to your advantage.

What Do I Need to Do to Restore My License If It Is Suspended?

After the suspension period ends, you will need to install an ignition interlock device in your vehicle. An ignition interlock device is a mini-breathalyzer attached to your car that you must blow into before operating it. It restricts a person operating the vehicle from starting the car if they are under the influence. You will need to hire a DMV-approved ignition interlock device vendor to have it installed in your car.

Additionally, you will need to go to the Connecticut DMV website and pay two different fees:

• $175 license restoration fee
• $100 ignition interlock device administration fee

Your driver’s history may also affect how long you are required to keep the ignition interlock device installed. A prior conviction for drunk driving or a DUI offense can result in a longer ignition interlock device requirement. Checking your driver’s history and understanding how it factors into your situation is something your Connecticut DUI attorney can help you with.

How Blood Alcohol Content Affects Your DMV Case

Your blood alcohol content, or BAC, is one of the central pieces of evidence in a DMV Per Se case. Connecticut law sets the legal limit at 0.08 for most drivers. An elevated blood alcohol content above that level, measured through a breath test, a BAC test, or blood testing, is used by the DMV to justify a Per Se license suspension.

BAC test results are not always accurate. Breath test machines require proper calibration and maintenance. Blood testing must be handled according to strict protocols. If the equipment was not properly maintained or if the test was not administered correctly by the arresting police officer, the test results may be challenged. Your attorney can request maintenance logs and BAC test records to look for these issues.

Even a breath test refusal has consequences under Connecticut’s implied consent law. Refusing a chemical alcohol test does not protect you from a license suspension. In fact, a refusal can trigger its own Per Se suspension and may be used against you in the criminal proceeding as well. Understanding how refusal affects both proceedings is something a Connecticut DUI attorney can explain during a free consultation.

FAQs: Connecticut DMV Per Se Hearings

What happens if I miss the deadline to request a DMV Per Se hearing?

If you miss the seven-day deadline to request your Per Se hearing, your driver’s license will be automatically suspended without a hearing. You lose the chance to challenge the suspension. The Connecticut DMV will proceed with the suspension based solely on the suspension notice and the arrest paperwork submitted by the arresting police officer. This is why it is so important to act quickly and contact a Connecticut DUI attorney as soon as possible after a DUI arrest.

Can I lose my license at the DMV hearing even if I win my criminal case?

Yes. The DMV administrative hearing and the criminal court case are completely separate proceedings. The DMV hearing uses a lower standard of proof than the criminal proceeding. A hearing officer finds against you based on substantial evidence, not beyond a reasonable doubt. So even if your DUI charges are dismissed, or you are acquitted in criminal court, the DMV can still suspend your driver’s license based on the same arrest.

What is the implied consent law in Connecticut?

Connecticut’s implied consent law means that by having a driver’s license, you have already agreed to submit to chemical alcohol tests if a police officer has reasonable grounds to believe you are driving drunk. Refusing a breath test or other BAC test violates the implied consent law and can result in a Per Se license suspension on its own, separate from any DUI offense or DUI charges you face in criminal court.

What is a special operator’s permit, and can I get one during my suspension?

A special operator’s permit is a limited driving permit issued by the Connecticut DMV that allows you to drive under restricted conditions while your license is suspended. There are different types, including a work permit for driving to and from your job and a school permit for educational purposes. Not everyone qualifies, and the conditions vary depending on your driver’s history and prior conviction record. Your attorney can help you apply and explain which permit, if any, fits your situation.

What evidence is used at a DMV Per Se hearing?

The DMV hearing officer typically reviews police reports prepared by the arresting officer, the suspension notice, and records from any chemical alcohol test, breath test, or BAC test. Standardized field sobriety test results may also be submitted. Your attorney has the right to cross-examine the arresting police officer and present your own evidence, including medical records from a medical provider if relevant to your case. Expert testimony about blood alcohol content testing accuracy can also be introduced in some situations.

Contact Our Connecticut DUI Defense Attorneys

If you or someone you love is facing a DUI arrest, call the Connecticut attorneys at Black’s Law Group for a free consultation. DUI arrests place you in the crosshairs of the criminal justice system and the Connecticut Department of Motor Vehicles, but can also affect your job, your family, and your reputation in the community. You or your loved one is probably scared of what lies ahead.

You will want to hire the right team of criminal defense attorneys to thoroughly evaluate, investigate, and guide your case toward the best possible outcome. Our law offices handle DMV Per Se hearings, DUI defense, and all related criminal proceedings throughout Connecticut. Call Black’s now at 203-504-9517 to schedule your free initial and confidential consultation. There is no obligation and no cost to speak with us.