When you are arrested for a DWI in Connecticut, you have to contend with two distinct and separate proceedings: The State will prosecute you in criminal court, and the Department of Motor Vehicles (DMV) will conduct an administrative proceeding which may result in the loss of your license*. While it’s clear you want representation in criminal court, you may wonder if you need a CT DUI lawyer to fight your administrative DWI suspension.
Let’s review the Department of Motor Vehicles (DMV) administrative procedure.
When you are arrested the first time for a DWI and submit to a chemical analysis (Blood, Breath or Urine), the DMV suspends your license for forty-five days. They will also require you to install an Interlock Ignition Device (IID) for six months. If you refuse to submit to a chemical analysis, the DMV will suspend your license for six months, and require you to install an IID for one year. Remember, this is for a FIRST offense.
The DMV will send you a notice advising you of the suspension date and allow you an opportunity to request a review hearing. If you don’t request a hearing within seven days of the date of mailing of the suspension notice, the DMV will suspend your operator’s license or privilege on the effective date listed on the notice.
Administrative DWI Suspension
At the Administrative DWI Suspension hearing, the State must prove by a “preponderance of the evidence,” or “more likely than not”, that you were driving or in actual physical control of a motor vehicle under the influence of drugs and/or alcohol, that the police officer made a legal arrest, and that you had a blood alcohol concentration (BAC) of .08% or more or refused to submit to chemical testing after being informed of the consequences of refusal.
There are distinct benefits to fighting your license suspension. The most obvious is that, if successful, you get to keep driving.
What many folks don’t realize, or take advantage of, is that this hearing will also provide insight into the State’s criminal case. This is invaluable information for your attorney, because it allows him to evaluate the strength and weaknesses of the State’s case, whether you might have any viable defenses and how to fight your criminal DUI charge.
These procedures are for FIRST OFFENSES ONLY. If you have been arrested previously for DWI, the penalties you are facing are much greater, increasing as the number of offenses increase. Because the consequences are much higher, it’s a wise idea to find an experienced attorney to fight for you as you face your charges.
The lawyers at Guendelsburger Law Office LLP are prepared to help you provide the best defense for your DWI case. We have over thirty-three years’ experience in DWI cases. G]The attorneys at Guendelsberger Law Office have received advanced training in the knowledge, skills, tools, resources and strategies needed to successfully defend your DWI case. When looking for a criminal defense lawyer in CT, Guendelsberger Law Office should be your first call.
Call the Guendelsburger Law Offices LLP today at 860-354-4444 for a free initial consultation.