Driver’s License Suspension

Driver's License Suspension in Kansas

Kansas DUI Lawyer

Once a driver has been arrested and taken to the police station, another test will be administered. This is usually a breath test using either the Intoxilyzer 8000. Before this test is begun the officer should read the "implied consent notice". If the driver refuses to take the test or the test results show the driver's Blood Alcohol Concentration (BAC) to be 0.08 or greater, the driver's license will be confiscated by the officer. The officer must then fill out a DC-27 form and give a copy to the driver to act as a temporary license until the suspension ends or the case is resolved. Any driver who has had his or her license confiscated is strongly advised to seek the help of a skilled Kansas DUI attorney who is highly motivated to prevent suspension.

Driver's License Suspension Defense Attorney in Kansas

The instructions on the DC-27 inform the driver that there is only a 14 day period in which a written request can be made for an administrative hearing to prevent the automatic suspension which will otherwise go into effect. This 14 day rule is strictly enforced by the Kansas Department of Revenue and you will not be allowed a hearing if your request is not recieved in time. The hearing date could be scheduled far into the future due to a considerable number of these hearings which are already scheduled. An experienced driver's license suspension defense lawyer with the firm will specify that a face-to-face hearing along with the issuance of a subpoena to the officer is required in the written request.

A Kansas DUI attorney at our firm will thoroughly investigate each aspect of the arrest as the KDOR will supply limited information prior to the hearing. This is a most important step as the suspension penalties for failing a breathalyzer test are severe. Depending upon whether the charge is a first offense or a subsequent offense, they include license suspension for one year or more, restriction to driving with an ignition interlock device for one year or more up to permanent revocation with no possibility of reinstatement. Refusal of the test for a first offense will result in a one year suspension and a reinstatement fee of $400. Subsequent refusals result in longer suspension and higher reinstatement fees. A fifth refusal results in lifetime suspension with no provision for reinstatement. Talk with a talented DUI lawyer at Martin & Wallentine concerning your defense.

Can the administrative hearings ever be won? Yes. In fact, we just won another hearing for our client on March 13, 2013.

Contact a Kansas DUI attorney at the firm who understands the stakes are high and is determined to succeed. 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.