14 Day Rule in Kansas
Kansas DUI Defense Attorney
Once a driver has been arrested for DUI (Driving Under the Influence), the arresting officer will take the arrested individual to the station to complete the standard procedure, which will usually include a breath test at the station. If you "refuse to take the
breathalyzer test" or fail the breathalyzer test, by having a
BAC of 0.08 or above, the officer takes your driver's license away and gives you a form, DC-27, to serve as a temporary license. The paperwork is sent to the Kansas Department of Revenue (KDOR). The DC-27 states that you have only 14 days in which to request an
administrative hearing to prevent the suspension of your license. Since it is very important that your request is in writing and properly worded, it is crucial to have an Kansas
DUI lawyer submit your request and handle your defense during the administrative hearing. The 14 day rule used to be a 10 day rule, but was recently changed. While this may sound beneficial, it can be misleading in a
DUI case. This is becasue, under the 10 day rule, you didn't have to count weekends or holidays. Under the new rule, you do.
DUI Attorney in Kansas
In the state of Kansas, a person arrested and charged with DUI has two cases to fight. The criminal case will be heard in a courtroom, and the administrative hearing which involves the KDOR. The two cases are separate. The KDOR administrative hearing concerns the driver's license suspension only. The criminal case involves criminal penalties such as fines, jail time, community service, and other consequences. Requesting the administrative hearing can allow you to keep your driver's license for a considerable period of time or until the criminal case is decided. If you are convicted in the criminal case, your license will be suspended at that time. An experienced DUI lawyer at the firm uses many years of experience to fight in the administrative hearing to prevent suspension.
In defending a client in an administrative hearing your lawyer may discover additional facts which could help with the defense of the criminal case. So it can be very important not to miss the 14 Day deadline in requesting the administrative hearing. A trusted DUI lawyer at the firm can defend you in both the administrative hearing and the criminal case. Contact Martin & Wallentine to talk about your request for a hearing and your defense.
If a timely and proper request is made, your initial hearing will be before an administrative hearing officer for The Kansas Deparment or Revenue, also known as KDOR. In the event you are not in agreement with the decision of the administrative hearing officer, you have a very limited amount of time to file a notice of appeal and petition your issues to the Discrict Court. At this appeal level, your case will then be before an actual District Court Judge.
Contact a Kansas DUI attorney
at the firm who is determined to succeed in an administrative hearing. We practice extensively and have represented hundreds of clients throughout Johnson County and cities including Olathe, Gardner, Lenexa, Overland Park, Shawnee, Leawood and Kansas City.