After you are arrested for driving under the influence, there are two scenarios
that generally occur. If you refuse to take a blood, breath, or urine
test to determine your blood alcohol content (BAC) level, your license
will be automatically revoked for 24 hours and a report will be submitted
to the DMV, including documentation of your refusal. If you do comply
with law enforcement and complete a chemical test, your sample will be
sent to a lab for analysis and a report will be sent to the DMV as soon
as results are received indicating a high BAC.
Who Is Entitled to a DMV Hearing?
Individuals in the aftermath of either scenario have the right to a DMV hearing. Per
Connecticut DUI Law, in Connecticut General Statue § 14-227b, a hearing for an individual
with no previous DUI suspension or involvement in a fatal car accident
“must occur before the suspension goes into effect, provided the
person contacts DMV no later than seven days after DMV mails the suspension
notice.” However, for someone who has previously been penalized
with DUI suspensions or involved in a DUI-related fatal car accident,
“the hearing can occur after the suspension, but not more than 30
days after the person contacts DMV to schedule a hearing. He or she must
request the hearing no later than seven days after DMV mails the suspension
How Do I Request a DMV Hearing in Connecticut?
According to the
Connecticut Department of Motor Vehicles, “a notice of suspension will be mailed to the address of record
allowing you seven days to request a hearing. If you wish to request a hearing,
call the Administrative Per Se Unit at 860-263-5204
(8:30 a.m. to 4:30 p.m. Monday through Friday) before the deadline stated
on your suspension notice.” It is imperative that you request a hearing within the allotted
time frame. If you do not, suspensions will immediately go into effect.
What Happens at a DMV Hearing?
In a DMV hearing, the primary issue at hand is whether or not the defendant’s
driver’s license will be suspended. The details of your detention
and interactions with police will also be reviewed, including your arrest,
whether or not members of law enforcement had probable cause for arrest,
your refusal or participation in chemical tests, and whether or not you
Though the DMV does not have the authority to levy fines or charge you
with a crime, it can revoke your driving privileges, which can greatly
complicate your everyday life.
This is why it is critical to have a knowledgeable, experienced legal team
behind you. In fact, when it comes to
DMV hearings, you will not be required to testify or engage in any discussion of your
arrest, chemical test results, etc. The team at Tomeo Sills, LLC, goes
to bat on your behalf in order to simplify the process and minimize strain
on our clients.
To get started with us, set up your free consult
or call (844) 913-7747 today.