The mission of the Connecticut Judicial Branch is to serve the interests of justice and the public by resolving matters brought before it in a fair, timely, efficient and open manner.

DUI: Administrative Procedures for "Per Se" Suspension of Motor Vehicle Operator's License

by Roy, Christopher


The regulations concerning the Administrative Procedures for "Per Se" Suspension of Motor Vehicle Operator's License have been amended, effective September 7, 2016. The statement of purpose outlining the changes is reproduced below:

The proposed regulation reflects statutory changes to the Administrative "Per Se" procedures that have occurred in recent years, particularly as a result of Public Act 2009-187 and Public Act 2014-228. The regulations have been updated to reflect the General Assembly’s actions in the following ways:

1. Establishes the requirement that an operator install an ignition interlock device (IID) as a condition of restoration of his or her operator’s license or privilege to operate a motor vehicle after serving a suspension. The length of the suspension and the IID requirement are detailed in the statute and in the suspension notice from the department;

2. Allows law enforcement personnel to electronically submit to the Department of Motor Vehicles the information contained in the A-44 "Operating Under the Influence" Form as an alternative to mailing a hard copy;

3. Clarifies the provisions relating to administrative "per se" hearing continuances;

4. Requires the service of a subpoena to provide at least seventy-two (72) hours’ notice when summoning a police officer to appear at an administrative "per se" hearing; and

5. Eliminates a requirement that an operator automatically prevail in a hearing under this section in the event that the commissioner has not rendered a decision within thirty (30) days from the date of arrest.

See our Law about Driving Under the Influence for further references to statutes, regulations, and research reports.