What Happens During A DUI Related DMV Hearing
In this article, you can discover…
- What to expect at a DMV hearing.
- The importance of officer testimony during a hearing.
- How DVM hearings differ from other legal proceedings.
What to Expect at a DUI DMV Hearing in Connecticut
If you’ve been charged with a DUI in Connecticut, you’re likely facing two distinct processes: the criminal court proceedings and the DMV administrative per se hearing. This article will guide you through what happens during a DUI-related DMV hearing, the role of officer testimony, and how DMV hearings differ from criminal court proceedings.
Understanding the DMV Hearing Process
What is a DMV Hearing?
In Connecticut, a DUI charge triggers both criminal and DMV actions. While the criminal aspect involves court proceedings with potential jail time, probation, and fines, the DMV aspect leads to a license suspension. Upon your DUI arrest, the DMV will send you a suspension notice letter. This letter informs you that your driver’s license will be suspended for 45 days, starting on the 30th day post-arrest, and outlines the need to schedule a hearing within 7 days.
Scheduling and Preparing for the Hearing
You or your attorney can schedule the DMV hearing by contacting the DMV. It’s crucial to have legal representation to navigate this complex process effectively. Your attorney may request an extension of the hearing date, up to 45 days from the arrest, to gather evidence and prepare your case.
Attorney Steven Tomeo has over 40 years of experience in defending clients during DMV hearings and advocating for their driving privileges.
Have questions about an upcoming DMV hearing?
Get in touch with attorney Steven Tomeo at (860) 963-7441 for a free initial consultation today!
Key Issues Reviewed at the DMV Hearing
DMV hearings are civil, not criminal, and focus on four primary issues:
- Did the police officer have probable cause to arrest you for operating a vehicle under the influence?
- Were you placed under arrest?
- Did you refuse to take a blood, breath, or urine test, or did the test results indicate an elevated blood alcohol content?
- Were you indeed operating the vehicle?
Note that impairment due to illicit or prescription drugs can also lead to a DUI charge. The DMV reviews evidence to determine whether your license suspension is justified.
The Role of the Arresting Officer’s Testimony
- Importance of Officer Testimony
During a DMV hearing, police officers may provide testimony, but it’s often precise and limited in scope. The effectiveness of this testimony can vary. Cross-examination by your attorney is crucial, especially if there are inconsistencies in police reports or dash cam footage.
- What If the Officer Doesn’t Show Up?
If the arresting officer fails to appear, the hearing proceeds without them. However, their absence does not automatically result in a win for you. You and your attorney must still prove that one of the four key issues was invalid.
Who Will Testify at the DMV Hearing?
The DMV hearing will involve “presenters” who act similarly to prosecutors, presenting evidence and witnesses. Police officers and possibly other witnesses, like fellow motorists, may be called to testify.
How DMV Hearings Differ from Criminal Court
DMV hearings are less formal than criminal court trials and have fewer protections for the accused. Hearsay is often admitted as evidence, and the burden of proof is lower. However, evidence used in the DMV hearing can impact criminal court proceedings.
What to Expect After the Hearing
DMV hearings are typically brief, often lasting around 20 minutes. You may request more time if needed. You should receive a decision on your driving privileges within five days unless your case is particularly complex.
For more information about DUI-Related DMV hearings, a free initial consultation with an experienced DUI lawyer is highly recommended. Contact Attorney Steven Tomeo at (860) 963-7441 for expert guidance and support.
Attorney Steven Tomeo has over 40 years of experience in defending clients during DMV hearings and advocating for their driving privileges.
Have questions about an upcoming DMV hearing?
Get in touch with attorney Steven Tomeo at (860) 963-7441 for a free initial consultation today!
