I will provide the following services on your behalf:
- Representation in the Administrative “Per Se” hearing before the Department of Motor Vehicles.
- Assistance in Restoring your License & in Obtaining a Special Operating Permit to drive to and from work or school;
- Representation in the Criminal Courts & Advocating to Get You Enrolled in the Alcohol Education Program.
In Connecticut, there are two independent and separate tribunals to contend with when having the unfortunate experience of being arrested for Driving Under the Influence of Alcohol and/or Drugs. Each regulatory body or tribunal acts independently and the end result in one has no bearing or effect what will ultimately happen in the other.
A client experiencing an alcohol related incident while operating a motorized vehicle or boat as defined by Connecticut law will be subject to differing penalties depending upon the level of alcohol or other intoxicants in your system while operating your vehicle. The legal limits for blood alcohol content are reduced and the penalties are stiffer for minors and persons holding a Commercial Driver’s License.
The first regulatory body is the Department of Motor Vehicles which will seek to suspend your operating privileges, whether you hold a license in the State of Connecticut or possess an out-of-state license seeking to operate within the borders of this state. Pursuant to the provisions of section 14-227b of the Connecticut General Statutes, people who operate motor vehicles within the state’s borders are presumed to “consent” to submitting to a chemical analysis of their blood as a result of an alcohol related incident or arrest. Within 30 days of an alcohol related incident, the Department of Motor Vehicles will issue a notice of its intent to suspend your license for a requisite period. The extent of the suspension period will depend upon your prior record, whether you submitted to testing as requested by an officer and the level of any drugs or blood alcohol content at the time you were operating your vehicle. You or your attorney MUST request the opportunity to schedule and attend a “PER SE hearing” within 7 days of receipt of the DMV notice otherwise your operating privileges will be suspended automatically for failing to do so.
Our office will obtain the Police Incident Report, request a timely hearing and properly represent you before the Department of Motor Vehicles in its attempt to suspend your license and, where necessary, in obtaining a Special Operator’s Permit for the limited purpose of driving to and from work or school.
The second regulatory body to contend with after an alcohol related incident is the criminal court pursuant to section 14-227a of the Connecticut General Statutes. The DWI statute is very complex and provides for separate penalties which include the potential for fines, incarceration and additional periods where your motor vehicle operating privileges can be suspended.
Depending on the facts and circumstances, many individuals may be eligible for a diversionary program known as the Alcohol Education System, which is governed by section 54-56g of the Connecticut General Statutes. This program is never granted “automatically” but will be considered “discretionary” in the eyes of the judge and the criminal court. The court will consider such factors as level of intoxication, injury sustained to person or property, insurance coverage and other important contributing factors. It is important to have an experienced attorney representing you at all stages of these proceedings to ensure that your rights are protected.