What Actually Matters in a Connecticut DMV License Hearing After a DUI

Dec 3

As you may know from previous writings or from your own research, if you’ve been arrested for a DUI in Connecticut, you’re actually going to be dealing with two separate cases:

1) Criminal case in Superior Court, facing the DUI charge;

2) Administrative per se license suspension hearing with the Department of Motor Vehicles (DMV)

What most people don’t realize is that the DMV hearing has nothing to do with guilt or innocence of driving under the influence or the result of the criminal case and vice versa. There are two entirely different issues being determined in each case. The DMV, unlike the criminal case, is a fast and technical process focused only on a distinct few issues.

When you get arrested for a DUI and you either 1) refuse to take the breathalyzer (or other chemical testing- urine, blood) OR 2) fail the breathalyzer (.08% blood alcohol content or higher), the DMV will automatically suspend your license. First, you will receive a notice of suspension in the mail within a few weeks of your arrest, containing a date of suspension. Next, you will need to either accept the suspension or respond to the notice by requesting a hearing, or in other words, appeal the decision.

If you choose to request a hearing, these are the issues that the DMV actually looks at behind the scenes during the hearing:

1) Did the Police Have Probable Cause to Stop You?

This is the first and sometimes only issues that can be raised in a hearing. The DMV evaluates whether the officer had a legitimate legal reason to pull you over- must be a reasonable and articulable suspicion. Examples that usually constitute probable cause are:

Speeding, failing to signal, failing to stop at a stop sign, crossing over the marked lane lines, driving too slow, texting while driving
Motor vehicle equipment violations

If there was no valid reason for the stop, the case may fall apart at the DMV level, and in the criminal case as well. However, the burden to establish probable cause is low, and the DMV typically accepts even the bar minimum documented driving deviation as probable cause, unless it can be strongly challenged.

2) Was There Probable Cause to Arrest You For a DUI?

Even if the stop was legal and the police officer had reasonable cause to stop you, the DMV will still evaluate whether the officer had enough evidence to justify an arrest- also known as probable cause.

In order to determine the issue of probable cause, they will consider:

an odor of alcohol emanating from breath, person, or vehicle,
bloodshot and/or glassy eyes,
slurred speech or difficulty answering questions,
difficulty retrieving and presenting license, insurance, and registration,
stumbling or balance issues,
admissions to drinking, taking certain medications, smoking marijuana, taking illegal drugs, etc.,
results of the field sobriety testing- horizontal gaze nystagmus test, one-leg-stand test, and walk-and-turn test

The DMV frequently sides with the police officer and his or her word unless there is a reason to believe the written report or testimony is incorrect, missing key details, or poorly written. There will not be an assumption that a police officer is incorrect or untruthful unless evidence of this is presented.

3) Were You Lawfully Advised of Your Rights?

Before a breath or blood test is administered, or before you refuse to take one, the officer must give you certain implied consent warnings.

The DMV decides whether you were told:

You are requested to submit to a chemical test,
A refusal will result in a license suspension,
Failing the test will also lead to suspension,
You have the right to call an attorney before deciding, if timing reasonably allows

If the officer skipped or rushed this step, it may be a basis for the DMV to make the decision to reverse the suspension.

4) Did You Refuse or Fail the Chemical Test?

This is the issue that many people focus on. However, this issue is limited to the following factors that the DMV considers:

Whether you actually refused,
Whether the breath test machine readings were within proper time intervals,
Whether the officer properly observed you before testing,
Whether the two breath samples were within .02% of each other (required for validity),
Whether a blood test was properly documented by the hospital or lab

A refusal results in a longer license suspension. The DMV does not care about the strength or weakness or the criminal case, their only determination is whether someone faces a license suspension or not, not if they are guilty of driving under the influence.

5) Was the Paperwork Complete and Sufficient?

Many hearings can be won in the fine details. The hearing hinges on what’s called an A-44 form, which is the officer’s sworn report in a DUI arrest. The DMV looks at:

Missing signatures,
Incorrect dates and times,
Wrong statutory references,
Missing breath test printouts,
Missing implied consent warnings,
Gaps in the officer’s narrative,
Errors in identifying information,
Incomplete refusal documentation

Technical defects can often lead to victories in the DMV case, even if the evidence against you is fairly strong.

In Summary

The DMV does not care about whether you’re a good driver, whether you need your car to drive to work, if you’ve been in trouble before, the result of the criminal case, the cop’s behavior, whether you feel the arrest was unfair or unjustified.

The DMV cares about a very limited list of factors and the way these must be challenged and presented is not straight-forward, and requires so legal finesse.

If you or a loved one is facing a DUI and a license suspension with the DMV, contact Attorney Emily Shouse today to schedule a consultation.

Emily Shouse