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Contesting a DUI Chemical Test Refusal

According to Connecticut’s implied consent law, a person who is lawfully arrested for a DUI automatically consents to take a breath, blood, or urine chemical test.

Upon refusal, the officer makes a note of it in the police report, which is sent to the state’s DMV within three business days after the arrest. When the report is received, the DMV mails a suspension letter to the person, who has the opportunity to appeal the suspension of his/her driving privileges by requesting a “per se” hearing. After receiving the letter, the individual has seven days to answer.

During the per se hearing, a hearing officer will act as a judge. Once the officer examines the facts detailed in the police report, the person has an opportunity present other evidence.

The hearing officer must determine if all of the following facts are true:

  • Law enforcement established probable cause prior to making a DUI arrest
  • Law enforcement placed the suspected drunk motorist under arrest
  • The motorist was driving a vehicle
  • The motorist refused to take a DUI chemical test

Failure to prove any one of these circumstances means the DMV will reinstate the person’s driving privileges. If all four of these requirements are met, the individual’s license will remain suspended.

Whether the person loses the hearing or fails to contest the suspension, license suspension in Connecticut will last for 45 days. After the suspension period is over, installation of an interlock ignition device (IID) is required.

For a first suspension, mandatory IID lasts for one year. If a person has a previous license suspension related to DUI, then it is two years. If an individual has two or more previous license suspensions related to DUI, it is three years.

If you wish to contest your license suspension in a per se hearing, our Connecticut criminal defense attorney at Tomeo Sills, LLC can help. Contact us and schedule a free consultation for more information today.