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\u2019s license, even if you are never convicted of a DUI in the criminal court.<\/p>\n\n\n\n
Hiring experienced, criminal defense attorneys like those at Black\u2019s 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.<\/p>\n\n\n\n
How does a DMV Per Se Hearing get started?<\/u><\/strong><\/p>\n\n\n\n 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\u2019s 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.<\/p>\n\n\n\n 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\u2019s 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.<\/p>\n\n\n\n Why do you ask for a continuance?<\/u><\/strong><\/p>\n\n\n\n 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.<\/p>\n\n\n\n Are these hearings in court?<\/u><\/strong><\/p>\n\n\n\n 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.<\/p>\n\n\n\n What are the legal standards at a DMV Per Se Hearing<\/u><\/strong>?<\/p>\n\n\n\n First, this is NOT a criminal case. The DMV does not need to \u201cprove\u201d their case beyond a reasonable doubt. Instead, the Hearing Officer will need to determine whether there is \u201csubstantial evidence\u201d that four things happened:<\/p>\n\n\n\n What are the results of a hearing?<\/u><\/strong><\/p>\n\n\n\n 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\u2019s permits to restore limited driving abilities during the time that your license is suspended.<\/p>\n\n\n\n What do I need to do to restore my license if it is suspended?<\/p>\n\n\n\n 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\u2019s 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.<\/p>\n\n\n\n\n
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