Connecticut DMV Per Se Hearing Attorneys
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 Department of Motor Vehicles (DMV) have their 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 the 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.
How does a DMV Per Se Hearing get started?
After a DUI arrest, the arresting police department is required to submit a 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 you 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 DMV 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 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.
Why do you ask for 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.
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 Officers 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.
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” their 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 have probable cause to arrest your for an OUI?
- Did the police, in fact, arrest you for an OUI?
- Regarding chemical tests
- If you submitted to one, did you fail the standards (these are often the breathalyzer test)
- Did you refuse the chemical test? (In Connecticut, by simply acquiring a driver’s license you are required by law to submit to chemical testing, therefore, the DMV can suspend your license for the mere act of refusal).
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 that have lost their DMV hearing, not all is lost. You can also apply for a number of different types of special operator’s permits to restore limited driving abilities during the time that your license is suspended.
What do I need to do to restore my license if it is suspended?
Critically, after the suspension period ends, you will need to install an Ignition Interlock Device or IID in your vehicle. An IID is a mini-breathalyzer attached to your car that you must blow into before operating. It restricts a person’s ability to start the car if they are under the influence. You will need to hire a DMV approved IID vendor to have it installed in your car.
Additionally, you will need to go to the DMV website and pay two different fees:
- $175 license restoration fee
- $100 IID administration fee
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 Department of Motor Vehicles, but can also affect your job, your family, and reputation in the community. You or your loved one are probably scared of what lies ahead. You will want to hire the right team of Connecticut defense attorneys to thoroughly evaluate, investigate, and guide your case towards the best possible outcome. That’s where Black’s Law Group comes in. Call Black’s now to schedule your free consultation.