Connecticut DMV Administrative Per Se Hearings and Suspensions Defense Attorney

What You Should Know About and What You Can Expect In A Connecticut DMV Administrative Per Se Hearing

If you are Arrested for Operating Under the Influence of Liquor or Drug in Connecticut in violation of Connecticut General Statutes section 14-227a (sometimes also referred to as OUI, DUI, or Drunk or Drugged Driving), a series of events will be set in motion that threaten your right to drive. It is important that you are aware of these events and that you act quickly to retain an attorney to defend against a License Suspension.

Our Connecticut DMV Administrative Per Se Hearing and Suspension Defense Attorneys will work with you to gather evidence, prepare witnesses, and craft legal arguments to fight your Suspension.

Arrest and Automatic 24-Hour Suspension

First, the Police Department that arrested you will send the Arrest Documentation (Police Report, a copy of the Blood Alcohol Content (BAC) or Drug Influence Test results, and a copy of an A-44 Form) to the Connecticut DMV. At the same time, your Driver’s license will also be automatically suspended for 24 hours following your arrest, and generally confiscated and held for that 24-hour period by the arresting Police Department. The arresting Police Department will then have 3 business days to submit the Arrest Documentation to the DMV.

Notice of 45-Day Suspension and Right to Administrative Per Se Hearing

At the DMV, receipt of this Arrest Documentation will trigger a longer, 45-day suspension of your Driver’s License, and the Connecticut DMV will send you a formal Notice of Suspension and Right to an Administrative Per Se Hearing.

Simultaneously, this will also start the clock running on the time you have to request an Administrative Per Se Hearing to challenge the suspension of your license and, if successful, overturn the suspension.

Therefore, it is CRUCIAL to a successful defense of your DMV Administrative Per Se Hearing and Suspension that you be on the lookout for a DMV Administrative Per Se Hearing and Suspension Notice soon after you are arrested. This DMV Administrative Per Se Hearing and Suspension Notice will be sent to the address DMV has on file for you, so if you have recently moved or otherwise not updated your address with DMV, it will be CRITICAL for you to determine what address DMV is using for you, as that is where the Notice will be sent.

If you DO NOT REQUEST an Administrative Per Se Hearing with the DMV, or if you FAIL TO SHOW for your hearing, your SUSPENSION WILL BE UPHELD.

For a first-time suspension based upon an Operating Under the Influence arrest with no fatalities involved, the DMV will suspend your license for 45 days, with the 45 day suspension typically starting within 30 days of your arrest. If, however, the Operating Under the Influence arrest involves a fatality, or your license has previously been suspended for Operating Under the Influence during the prior 10 years, then the DMV may suspend your license prior to the Administrative Per Se Hearing.

How Can I Fight A DMV Administrative Per Se Hearing and Suspension? Can I Win?

At the DMV Administrative Per Se Hearing, you will have the right to call witnesses and cross-examine them, as well as to make legal arguments challenging the evidence the DMV will use against you. The DMV may use a Presenter to prosecute its case, or it may simply rely upon the Arrest Documentation it submits. The DMV Administrative Per Se Hearing will be conducted by a DMV Hearing Officer, who will have to determine 4 Issues:

• Whether there was Probable Cause to Arrest you for Operating Under the Influence of Intoxicating Liquor or any Drug?
• Whether you were Placed Under Arrest?
• Whether you Refused to Submit to Blood Alcohol Content or Drug Influence Testing, or– if you submitted to such testing within two hours of Operation– whether the Test Results indicated an elevated Blood Alcohol Content or Influence of Drugs?
• Whether you were the Person Operating the Vehicle?

In order to Suspend your license, the DMV Hearing Officer will have to determine that ALL 4 ISSUES have been proven by a Preponderance of Evidence. This is a lower Standard of Proof than the Beyond a Reasonable Doubt standard of proof used in Criminal cases, but if you can show that any ONE ISSUE has not been proven by a Preponderance of Evidence, then you WIN and the DMV CANNOT suspend your license.

How Can I Defend Against a DMV Administrative Per Se Suspension?

Although there are only 4 Issues that you can challenge at the DMV Administrative Per Se Hearing, there a number of different defenses that can be raised to challenge any or all of the 4 Issues. Some of the most common defenses are listed below. Although every case is unique, and your particular defense must be tailored to the specific facts of your case, it is important that you and your attorney review all the evidence to determine which, if any, of these defenses might be appropriate in your case.

Invalid Refusal to Submit to Testing

In some instances, your attorney can defend against a License Suspension by showing that, in spite of what the Arresting Police Officer claimed was your Refusal to Submit to Testing, the so-called refusal was Invalid. Often, such a defense will require either contemporaneous audio and visual footage of the alleged refusal, or testimony from a witness who was present during the alleged refusal who can refute the Police Officer’s claim.

Improperly Administered Standardized Field Sobriety Tests

In some instances, your attorney can defend against a License Suspension by showing that the Officer failed to properly administer the Standardized Field Sobriety Tests, or that he or she failed to properly evaluate the Results. Often, such a defense will require contemporaneous audio and visual footage of your performance of the Standardized Field Sobriety Tests.

Faulty Testing Device or Results

In some cases, your attorney can defend against a License Suspension by showing that the Breathalyzer Machine used to perform your Blood Alcohol Content test was not properly calibrated, or was otherwise not working properly.

Medical Defenses

In some cases, a Medical Defense can be raised to invalidate the Test Results. For instance, medical conditions such as Diabetes, Gastroesophageal Reflux, Pulmonary Issues, and other diagnosed medical issues may affect your ability to perform the various tests administered or it may affect the results obtained. Medical Defenses require both medical documentation and Expert Testimony.

Invalid Warrant and Seizure of Medical Records

In some instances, your Medical records may be seized by the investigating Police Department. Generally, this occurs when you are involved in an accident that resulted in your hospitalization, after which the investigating Police Department will attempt to obtain a Search Warrant to seize your Medical Records in order to get evidence of your Blood or Urine and the results of any toxicology tests that were performed. If, however, it can be shown that the Search Warrant was invalid because it was obtained on the basis of faulty information, not served within the time required, or otherwise insufficient, then it may be possible to have any evidence obtained as a result of the Invalid Search Warrant excluded.

Auto-Brewery Syndrome

An uncommon Medical Defense, Auto-Brewery Syndrome is a very rare disorder that causes your body to make its own alcohol. As a result, people with Auto-Brewery Syndrome may have an elevated Blood Alcohol Content level without having had any alcohol to drink. A defense based upon Auto-Brewery Syndrome will require extensive medical documentation and Expert Testimony.

Someone Else Was Driving or Operating the Vehicle

Similar to an Alibi Defense, in some cases it may be possible for your attorney to defend against a license suspension by proving that you were NOT the Driver or Operator of the Vehicle. In these cases, it will often be essential that the actual driver or operator testifies to that fact.

Again, not all or perhaps even any of these defenses may work in every case. However, the only thing that is certain is this: if you do not defend against the suspension, your License will be Automatically Suspended for 45 Days. Our Connecticut DMV Administrative Suspension Hearing Defense attorneys are ready to use their experience to fight for you and do everything possible to prevent your License from being Suspended.

What Happens If I Lose And My License Gets Suspended for 45 Days? How Do I Get My License Reinstated So I Can Drive Again?

If you lose at the DMV Administrative Per Se Hearing, your license will be Suspended for 45 days. You can Appeal the Suspension to the Superior Court, but the Suspension will remain in effect during the Appeal Process.

In any event, once the 45 days passes, you will be eligible to apply to the DMV to have your License Reinstated. However, it important to be preparing for the License Reinstatement early, as there are a number of Requirements to have your License Reinstated by the DMV.

Steps to Having Your Driver’s License Reinstated By The DMV

As a Requirement to have your Driver’s License Reinstated by the DMV, you will have to have an Ignition Interlock Device (IID) installed on any vehicle you own or drive. The IID is a device that you must blow into before your vehicle will start and, if it detects the presence of drugs or alcohol, the IID will not allow the vehicle to operate. The IID must be installed and maintained by a licensed installer at your cost.

Once you have had the IID installed, you will then need to pay a $175 Driver’s License Reinstatement Fee and a $100 IID Administration Fee to the DMV, both of which can be done online. The DMV recommends installing the IID and paying the associated Fees at least 10 days before you are eligible to have your License Reinstated.

How Long Will I Have To Have an Ignition Interlock Device (IID) Installed In My Vehicle Once My Driver’s License Is Reinstated After an Administrative Per Se Suspension?

Once your License has been Reinstated after and Administrative Per Se Suspension, how long you will have to keep the IID installed depends upon a number of factors, including your age, the number of Suspensions you have had, and whether or not you Refused to Submit to a Breath, Urine, or Blood Test when you were arrested.

For Drivers who are Under 21 Years of Age and whose Blood Alcohol Test levels are .02 or higher, a First Offense will require an IID to be installed and maintained for One Year, a Second Offense will require an IID to be installed and maintained for Two Years, and a Third or Subsequent Offense will require an IID to be installed and maintained for Three Years.

For Drivers who are 21 Years of Age or Older and whose Blood Alcohol Test levels are .08 or higher, a First Offense will require an IID to be installed and maintained for Six Months, a Second Offense will require an IID to be installed and maintained for One Year, and a Third or Subsequent Offense will require an IID to be installed and maintained for Two Years.

For All Drivers who Refuse To Submit to Breath, Urine, or Blood Testing when they are arrested for Operating Under the Influence of Liquor or Drug, a First Offense will require an IID to be installed and maintained for One Year, a Second Offense will require an IID to be installed and maintained for Two Years, and a Third or Subsequent Offense will require an IID to be installed and maintained for Three Years.

If your Driver’s License has been Suspended due to a Conviction for Operating Under the Influence of Liquor or Drug, you may be required to install and maintain an IID for a longer period of time than those listed here for Administrative Per Se Suspensions.

What If I Need To Drive While My License Is Suspended? Can I Get A Work Or Student Permit to Drive To Work Or School While My License Is Suspended? Can I Get A Permit To Drive to Medical Treatment?

In some cases, you may be eligible to obtain a Special Use Permit, or Special Operator’s Permit, to drive under certain circumstances even while your license is suspended. Our attorneys can help you navigate the DMV system for obtaining such a permit, if you are eligible. However, it is important to keep in mind that, unless and until you do obtain such a Special Use Permit, you do NOT drive while your license is suspended, as doing so will expose you to greater penalties and longer suspensions, including arrest and mandatory prison time.

Special Operator’s Permit Eligibility Qualifications

There are strict requirements that must be met in order to obtain and use a Special Operator’s Permit. In order to Qualify for any Special Operator’s Permit, you cannot have any of the following on your Driver’s History:

• A Suspension for failure to appear or pay a citation 
• A Suspension for driving under the influence of drugs or alcohol 
• A prior alcohol-related offense 
• Three or more prior moving violations on your driving history; Two or more prior moving violations on your driving history, if you are currently suspended for reckless driving or evading responsibility 
• A violation of vehicular manslaughter or vehicular assault

Special Operator’s Permit for Work

A Special Operator’s Permit for Work, if granted, will allow you to drive to and from work on the days and hours you specify while your Driver’s License is Suspended. If you are self-employed, you will have to submit additional documentation to prove that you are a principal or owner of the business. You will only be allowed to drive to and from the work address you provide during the days and hours you specify, and you MUST have the Special Operator’s Permit on you any time you drive.

Special Operator’s Permit for Education or School

A Special Operator’s Permit for Education or School, if granted, will allow you to drive to and from School for Higher Education or Private Occupational School on days and times that you have classes and examinations while your Driver’s License is Suspended. You must provide a Certified Class and Examination schedule clearly identifying the days, times and geographic locations where your classes and exams will be held. You will only be allowed to drive to and from these places, at the times provided in the Certified Class and Examination schedule, and you MUST have the Special Operator’s Permit on you any time you drive.

Special Operator’s Permit for Medical Treatment

A Special Operator’s Permit for Medical Treatment, if granted, will allow you to drive to and from your Medical Provider’s Office, or the place where you will be receiving ongoing Medical Treatment, while your Driver’s License is Suspended. Your Medical Provider will be required to fill out Part C of the Application. You will only be allowed to drive to and from the place or places where you receive ongoing medical treatment, as specified in your application, and you MUST have the Special Operator’s Permit on you any time you drive.

Contact Our Connecticut Administrative Per Se Hearing and Suspension Defense Attorneys for a Free, Confidential Consultation

When you are Arrested for Operating Under the Influence of Liquor or Drug and your Driver’s License is Suspended, it can feel like your whole world is ending. You may be worried, and rightly so, about how you will get to your job, or school, or medical treatment that you need, and you may fear that you will lose all of this and more. But don’t let this fear and worry paralyze you- swift action is the first step to regaining control of your circumstances, and our Connecticut Administrative Per Se Hearing and Suspension Defense Attorneys are available and happy to give you a free, confidential consultation regarding your options. We have done this countless times before for many people who found themselves in your very situation, and we are happy to do the same for you.