Is It Possible to Avoid a Per Se Suspension of My Driver's License? In Other Words, Is It Possible to Win Such a Hearing at the Connecticut DMV?
Yes. Before any Per Se suspension goes into effect, you have a right to a hearing to contest the suspension. At that hearing, the Connecticut Department of Motor Vehicles would have to prove that all 4 of the statutory requirements for a license suspension have been satisfied.
Pursuant to Connecticut General Statute Section 14-227b (g), the Per Se hearing "shall be limited to a determination of the following issues:
(1) Did the police officer have probable cause to arrest the person for operating a motor vehicle while under the influence of intoxicating liquor or any drug or both;
(2) was such person placed under arrest;
(3) did such person refuse to submit to such test or analysis or did such person submit to such test or analysis, commenced within two hours of the time of operation, and the results of such test or analysis indicated that such person had an elevated blood alcohol content; and
(4) was such person operating the motor vehicle."
And while it is possible to win, it is getting more and more difficult. As your criminal defense lawyers we would make all good faith arguments and challenges we can make to win the hearing and to contest a suspension of your driver's license. Also, sometimes there are technical arguments that can be made to defeat the suspension.