Steps to Take Following a Darien DUI Arrest
In the first few days following a DUI arrest in Darien, a person will want to make sure that he or she does not drive while the police have their license – they may face an initial suspension, especially if they are under 21 years old.
Further, a person will want to get in touch with a Darien DUI lawyer to let him or her know what took place. Once an attorney is contacted, they can begin preparing motions to preserve evidence, prepare any medical documents necessary, and if any video surveillance or dashboard camera exists, preserve that as well.
Driving After a DUI Arrest
An individual is typically able to drive their car without restrictions once they get their license back from the police. It will be a couple weeks later that they will get a suspension notice from the Connecticut Department of Motor Vehicles letting them know what date their license will be suspended, but it will not be immediate.
With that said, it is important to note that starting in the summer of 2015, the legislature changed the law to mandate that a person get an ignition interlock device or IID installed in their vehicle before they get their license restored. That is for having a DUI arrest. Regardless of whether or not they are convicted, it is something that they have to get.
Challenging a License Suspension
There are limited ways to challenge their license suspension. One way is to show that they were not the driver. Another is to show they were not intoxicated. The most common way people will try to argue is that the officer did not have probable cause to pull them over. There are a few limited ways that it could be challenged or the person does not have to challenge it. If he or she does, that person will get a hearing. If he or she does not, the suspension will just go into effect as of the date of the notice.
License Hearing Process
Once a person gets his or her suspension notice, he or she has a limited amount of time to request the hearing. When the person gets the hearing if he or she requests it, it will be held at the Connecticut Department of Motor Vehicle. A DMV commissioner will hear the defense attorney and make a decision based on the police report and the defense attorney’s argument.
Restricted Licenses in Darien
In Connecticut, they are called special operator’s permit. It is a permit for someone asking for permission to drive either to work and home or to school and home. To get that, a person needs to pay a fee with the DMV and submit an application. In the case of a work permit, the person needs his or her boss’s signature. Similarly, for school, he or she needs a signature from the registrar at the school to be able to get the school permit. Depending on that person’s driving history, the DMV can choose to issue it or to deny the application.
If they want to try to restore their license, they can pay a restoration fee, get the IID, and apply to have their license restored. If they are in a situation where they permanently lost their license, they can go to the DMV to obtain a non-driver’s license picture identification card.
Review Hearing Process
Typically, the commissioner will look at the police report and any test results from any blood alcohol content, hear from the defense attorney, and issue a decision quickly. If the person loses, the suspension date will remain as it was set in the initial suspension notice.