Connecticut DMV Hearing
There are only 4 issues on which the hearing examiner will have to make a decision:
- Did the police officer have probable cause to arrest?
- Was such person placed under arrest?
- Did such person refuse to submit to a blood alcohol content test (Breath, Urine or Blood Tests--one to be selected by the police officer) or did the results of that blood-alcohol content test indicate that at the time of the alleged offense, the blood-alcohol content of such person was 0.08 percent or greater?
- Was such person operating the motor vehicle?
Notice to Client
I rarely request that my clients attend this hearing. Often times there is no point to your attendance, as your testimony is seldom needed. If this is an issue with you, please let me know. Some people get concerned when I tell them not to attend. For some it is an issue of trust. And for others, they want to be there for everything. However, you have to have faith in my decision. Most of the time these matters are won on technical matters that do not require testimony. I must control the case and I feel that it is important that you follow my directions. Of course, you can overrule me. It is your right to be present. However, if this becomes an issue between us then we need to discuss it. You must raise the issue with me and bring it to my attention. So, unless I request your attendance, I prefer that you not attend.
Most of the time I do not have my client testify because when the client testifies he/she is subject to cross examination by the hearing officer and when this occurs there is a very good chance that you will not help your case. For lack of a better expression, the client may make incriminating statements!
The Administrative Per Se process is a tough one. By that I mean that while you may have a better chance at a license restoration with an attorney representing you, the vast majority of these cases wind up in suspension. I cannot promise you that your case will be decided in your favor. I can only tell you that I will do my best.
This matter is separate from the court case and has no impact upon it no matter the outcome.
Administrative Per Se Through DMV - Connecticut DUI Hearing information and license penalties.
Implied Consent - Discussion on how the "fundamental fairness " doctrine of the Due Process Clause applies to Implied Consent. |
