Connecticut Criminal Lawyer Blog
Introduction – The Reality No One Tells You
When you’re arrested for DUI in Connecticut, most people think the biggest threat is the criminal case. They picture a courtroom, a judge, maybe a jury. But there’s another fight—one that hits faster, with fewer protections, and can be just as damaging: the DMV, per se, license suspension hearing.
I’ve been defending DUI cases across Stamford and throughout Connecticut for over 30 years. Here’s the truth: these hearings are often harder to win than the criminal case. The rules are different, the standards are lower, and the stakes are high. If you don’t act fast, you could lose your license by default.
DMV Per Se at a Glance (What You Need to Know Immediately)
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Deadline: You must request your hearing within 7 days of the DMV notice’s mailing date (usually about a week after arrest).
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Default suspension: Typically begins 30 days after arrest if you do nothing.
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Length: Often 45 days, followed by an Ignition Interlock Device (IID) requirement.
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Issues decided: (1) Probable cause, (2) Arrest, (3) Operation, (4) Refusal or elevated BAC.
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Action: Call me immediately so I can request the hearing, preserve video/testing records, and start building your defense.
Two Battles, Two Very Different Standards
Criminal Case: Beyond a Reasonable Doubt
In criminal court, the State must prove guilt beyond a reasonable doubt—the highest standard in American law. If even one of the six jurors in your Connecticut DUI trial has a reasonable doubt, you cannot be convicted.
DMV Hearing: “More Likely Than Not”
At the DMV, the standard is preponderance of the evidence—just 51%. If the hearing officer believes it’s slightly more likely you failed or refused a chemical test (and the other boxes are checked), your license will be suspended.
Jury vs. One Hearing Officer
Criminal Case: Six Impartial Jurors
Six citizens must unanimously agree. They’re screened for bias, instructed on the law, and required to deliberate carefully.
DMV Hearing: A Single Hearing Officer
No jury. One administrative hearing officer—often a part-time lawyer hired by the DMV—acts as both judge and fact-finder. Police reports and machine records come in under relaxed evidentiary rules, often without live witnesses. Unless you can actively challenge them, they’re presumed accurate.
The Issues Are Extremely Narrow (and Hard to Attack)
In court, I can challenge everything—the stop, the arrest, the testing, and more. At a per se hearing, the scope is limited to four questions:
1) Were You Operating a Motor Vehicle?
“Operating” doesn’t just mean driving. In Connecticut, inserting a key into the ignition—or sitting in a parked, running car—can count. I’ve had clients who thought they were “doing the right thing” by pulling over to rest and still lost at the DMV.
Defense angles: Location of the vehicle, engine status, key position, remote start, and whether you could have set the vehicle in motion.
2) Did the Officer Have Probable Cause to Arrest You?
Officers rely on admissions (“I had a couple”), driving observations, and field sobriety tests.
Defense angles: Challenge the legality of the stop, expose inconsistencies between video and the report, and highlight problems with field testing (poor instructions, bad footing, medical conditions).
3) Was There a Lawful Arrest?
The DMV must prove you were lawfully placed under arrest.
Defense angles: Scrutinize timing, advisements, paperwork, and whether the events described truly amount to a custodial arrest.
4) Did You Refuse or Fail the Chemical Test?
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Refusals: The State must show you were properly advised of the consequences and actually refused. A “bad blow” isn’t always a true refusal.
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Failures: We examine observation periods, calibration records, operator certifications, and medical conditions (GERD, diabetes/ketosis).
Why These Hearings Are Stacked Against You
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Lower burden of proof: 51% is enough to suspend you.
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Relaxed evidence rules: Reports and machine records are often admitted without live witnesses.
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Single decision-maker: No jury, no deliberation—just one officer deciding your future.
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Tight timelines: Miss a deadline, and you’re automatically suspended.
Timing and Deadlines Are Critical
About a week after your arrest, the DMV mails a suspension notice to your address on file. You have seven (7) days from the mailing date to request a hearing. Miss that window, and the suspension is automatic—usually starting 30 days after arrest.
Tip: Submit your hearing request exactly as instructed (mail/fax/online) and keep proof (receipt, fax confirmation, or certified mail).
Continuances: With good cause, I can often secure a 15-day continuance—essential to obtain records and prepare properly.
The Quiet Killer: Address Problems
The DMV notice goes to the address they have on file. If you’ve moved and haven’t updated it, you may never get the notice—and you’ll lose your hearing rights without even knowing. I always verify and correct client addresses immediately.
What Happens If You Lose?
If the hearing officer finds the issues proven by a preponderance of the evidence, your suspension begins—typically 45 days, followed by a mandatory Ignition Interlock Device (IID) period. First offenders usually face at least one year with an IID.
Can you appeal? Yes, to Superior Court. But filing an appeal doesn’t automatically stop the suspension—you’ll need to request a stay.
Why You Can’t Ignore the DMV Hearing
Focusing only on the criminal case is a costly mistake. DMV fallout includes:
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45-day suspension (often starting ~30 days after arrest)
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Ignition Interlock Device requirements to drive again
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Skyrocketing insurance premiums
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Job impact if you rely on driving
I’ve seen clients win their criminal cases and still spend months unable to drive because they didn’t take the DMV process seriously.
How We Fight Back—and Win
The odds are tough, but not impossible. I:
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Demand the evidence early (dashcam/bodycam, intoxilyzer logs).
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Challenge “operation” with facts (engine off, key position, remote start).
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Attack probable cause using inconsistencies between video and reports.
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Dissect testing procedures for every technical flaw.
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Subpoena officers when live testimony can turn the tide.
Experience matters—I’ve spent decades finding the weaknesses that can make the difference between suspension and keeping your license.
FAQs About Connecticut DMV Per Se Hearings
1) If I win my criminal case, do I automatically win at DMV?
No. The DMV process is separate and uses a lower standard of proof.
2) Do I need a lawyer for the DMV hearing?
Absolutely. These hearings turn on technical, scientific, and procedural details. Without a lawyer, you’re fighting blind.
3) How long will my license be suspended if I lose?
Typically 45 days for a first offense, followed by an IID period. Repeat offenses bring longer penalties.
4) Can I drive to work while suspended?
Only after serving the suspension and installing an IID. Driving while suspended is a new crime.
5) Should I refuse the chemical test?
Refusals avoid a BAC number but carry harsh penalties and make the DMV case harder. Call a lawyer immediately after arrest to discuss your options.
6) What happens at the hearing?
The officer reviews reports and test records. Your lawyer can present evidence, cross-examine, and argue why the State hasn’t met its burden—even under the lower standard.
7) What if I miss the 7-day deadline?
You lose your hearing rights automatically, and the suspension takes effect.
8) What if I lose my license – Can I get a Work Permit? Yes, you should apply for a work or school permit immediately.
Conclusion – Act Fast to Protect Your License
The DMV per se hearing isn’t “just paperwork”—it’s a real fight for your ability to drive. The State’s burden is low, the timelines are tight, and the penalties are severe.
About a week after your arrest, you’ll receive a letter from the DMV. That letter gives you only seven days to act. If you don’t, your license will be automatically suspended 30 days after your arrest.
Don’t wait. Call me now at (203) 357-5555 or contact me online so I can request your hearing, secure the evidence, and fight for your license. I’ve been defending Connecticut drivers for over 30 years—I know how to protect your rights, your license, and your future.
