Connecticut DWI / DUI / OUI
per se suspension hearing
You have been pulled over and arrested in Connecticut
for driving while intoxicated. You were made to walk a straight line, put
in handcuffs, placed into the rear of a police car, and asked to give a breath
sample. Maybe you refused to give a breath sample or, if you did you blew
a .08 or better.
If this describes your situation you are likely
reading this scared, confused, and believe that you are going to lose your
license because you think that there is nothing you can do because you were
arrested. The information on this page will alleviate your confusion and thereby
reduce your apprehension. You will understand that there are things that you
can do to prevent your driving privileges from being taken away and defend
yourself against the charges.
Connecticut Driving While Intoxicated
Arrest – the dual case brought against you
When arrested in Connecticut for driving under
the influence, there are 2 cases brought against you at the same time. You
are being charged criminally in a court of law for the misdemeanor charge
of operating under the influence of alcohol or drugs, and you are being accused
by the State of Connecticut Department of Motor Vehicles of violating the
terms of your license by either submitting to a chemical test which indicated
a blood alcohol level of .08 or greater, or refusing to submit to such a chemical
test. This page deals exclusively with the Connecticut DMV refusal hearing.
For information on your criminal case and defenses, click
here.
The right to maintain driving
privileges
Although to obtain a driver’s license is a privilege,
once one is given you have a property right in your license to operate a motor
vehicle which cannot be arbitrarily taken away. Under Connecticut DMV law
and regulations, if you are accused by a police officer of a chemical test
result of .08 or higher, or of refusing a breathalyzer, the CT DMV is notified
and, before they can suspend your license must hold a hearing.
The DMV, upon the receipt
of an A-44 arrest report subsequent to your DUI arrest must, within 30 days,
mail to you a notice of suspension and a suspension date. Understand that
service of said notice is complete upon mailing the notice to your address
of record within the DMV records, as you are always under an obligation to
advise the DMV of address changes. Action upon receipt of this notice is critical,
as you or your attorney must, within 7 days, request a hearing contesting
the grounds of suspension; failure to do that will result in your license
being suspended.
Depending on your circumstances,
the suspension period is at least 90 days. It is foolish to waive this hearing,
as you have nothing to lose and everything to gain by contesting the automatic
suspension.
The hearing does not
occur in the court, but before an administrative tribunal of the Connecticut
Department of Motor Vehicles Administrative Law Judge. The outcome on the
court case and this hearing have nothing at all to do with each other; you
could be found “guilty” here you’re your license suspended and at the same
time the charges can be dismissed in court; likewise, you could be convicted
of Connecticut DUI but yet found not guilty under the per se administrative
code.
At this hearing, the
state must prove with credible evidence that:
- You were operating a car within the meaning of the
law
- You were arrested
- There was probable cause to make the arrest
- The blood alcohol content (BAC) was .08 or above
or you refused the Breathalyzer test
In fact, each one of
these elements can be defeated. For example, having no valid justification
for the underlying stop negates probable cause for the arrest; failing to
provide a certified and signed chemical test result to the hearing officer,
or failing to provide evidence of giving a proper test, negates the results
of the BAC; failing to follow the protocols for giving the refusal warning
negates a refusal; failing to allege operation on a public street negates
operation – just to name of a few of the many defenses to the administrative
per se hearing.
DMV
per se hearings can be won
Never waive your right to a per se hearing,
no matter what you may believe the facts of your case to be. It always pays
to have a hearing officer take a look at and rule on the quality and quantity
of the evidence of your alleged intoxication, plus you are creating a record
for cross examination to use in the court proceeding. Many lawyers believe
that it is not worth asserting your rights at a per se hearing; however
our office has a different experience and take on the matter. Our office has
represented clients and prevailed in numerous DMV hearings. Most hearing officers
are fair and will dismiss the per se allegation if the state does not
have its evidence in order or your attorney otherwise undermines the credibility
of their case.