KS Driver License

If you are cited for driving under the influence of drugs or alcohol…

YOU MUST REQUEST AN ADMINISTRATIVE HEARING WITHIN 10 DAYS

If you refuse to take or fail the breath test, the arresting Kansas officer will send of the paperwork to the Kansas Department of Revenue, take away your plastic license, and issue you a DC-27, which will serve as your temporary license. It is at this point that you have 10 days to request your hearing to preserve your right to challenge the Department's action against your license.

In Kansas, there are two separate cases initiated when a person is charged with a DUI. Not only does the state or city prosecute criminally, a civil administrative suit is brought involving the Kansas Department of Revenue (KDOR). This civil suit is an administrative hearing regarding the driver's license and does not affect the criminal case. The administrative hearing deals with the possible suspension of the driver's license, while the criminal case deals with jail time and fines. Unfortunately, the criminal side also deals with the license, because if you are convicted of a DUI in the criminal court, the court will send the conviction the State of Kansas and your license will be suspended if it wasn't already.

Driver's License Suspension Process

After a person is arrested for DUI, the suspect is taken to the station where they will be asked to take a breath test. Prior to administering the test, the Kansas officer should read the implied consent notice. Then the test will be given. If the test is refused or if the suspect blows over .08, the police officer will keep the plastic driver's license. I've even seen instances when the officer kept the license even when the person blew under the limit! The officer must then serve the person with a DC-27 form (the pink form), that has been properly filled out by the officer. This form, entitled "Officer's Certification and Notice of Suspension" will serve as the person's driver's license until the case is resolved or the suspension period ends.

The DC-27 has instructions informing drivers that they must make a written request for a hearing concerning their driving privileges within 10 days. If the driver fails to make a properly written, and timely submitted request, his license will be automatically suspended by the Department of Revenue. If the driver, or his lawyer, properly and timely requests an administrative hearing, an administrative hearing will eventually be scheduled. I say eventually, because Kansas is backed up and takes many months until the hearing is scheduled by them. This hearing will be conducted over the phone unless the driver or his attorney requests a face-to-face hearing. It is imperative that the request demands that the certifying officer(s) be subpoenaed to the hearing.

Due Process provides that before the government can take away your property (i.e. your license), you must be given an administrative hearing to determine whether that taking is lawful. However, you have to request this hearing. When the Department of Revenue receives your request, they will send notice to the driver and/or his lawyer. The planned suspension shall be stayed until the hearing. That is to say, the driving privileges will be extended until 30 days after the hearing.

The KDOR sends a limited amount of discovery to the attorney prior to the hearing. Therefore, your Kansas DUI lawyer should aggressively obtain further discovery through the criminal case, prior to the civil administrative hearing. This allows your defense attorney to be prepared with all of the police reports, videotapes, audiotapes, documents concerning the breath testing machinery and its maintenance, the officer's field sobriety training manuals, and other documentation so that you get the best possible chance to win your case and the officer can be fully cross-examined. Let there be no mistake though, these administrative hearings are nearly a rubber stamp for the KDOR. However, I have won them on occasion. Just because these are rarely won is no reason to give up on the administrative hearing. I take this hearing very serious and thoroughly prepare to attack any chinks in their armor.

Burden to Win the Administrative Hearing

The driver has to prove his case by the Preponderance of the Evidence. Administrative hearings are difficult to win, due to the fact that the driver has the burden of proving that he wasn't driving under the influence, whereas in a criminal case it is the prosecutor's burden to prove all elements of a DUI beyond a reasonable doubt. At the administrative hearing, it's like proving a negative.

IF DRIVER FAILED THE TEST: At the administrative hearing of a driver who took and failed the Breath Test, a test, the driver has the burden to prove that they were not given the implied consent notice or that the testing procedure was done incorrectly.

IF DRIVER REFUSED THE TEST: At the administrative hearing of a person who refused a test, the driver has the burden to prove that they were not given the implied consent notice or that they did not refuse the test.

IF DRIVER WAS UNDER 21 YEARS OF AGE: Any person under the age of 21 who operates a motor vehicle with an alcohol concentration of .02 or greater is subject to having his or her driving privileges suspended. If the underage person tested between .02 and .08, the suspension period is 30 days followed by 330 days of restrictions on the first occurrence and a one year suspension on the second. If the underage person tests between a .08 and .149, the suspension period is one year. If the test result is .150 or higher, the license is suspended for one year followed by one year of restriction to only operating a motor vehicle equipped with an ignition interlock device.

SUSPENSION PENALTIES

1^st TIME TEST FAILURE BETWEEN .08 AND .149: Driving privileges are suspended for 30 days and restricted to driving to and from work, during the course of employment, and to school for 330 days. The reinstatement fee is $100.00.

1^st TIME TEST FAILURE OF .150 OR HIGHER: Driving privileges are suspended for one year followed by one year of restriction to only driving a vehicle equipped with an ignition interlock device.

2^nd and 3^rd TEST FAILURE BETWEEN .08 AND .149: Driving privileges are suspended for one year followed by one year of restriction to driving only a motor vehicle equipped with an ignition interlock device. The reinstatement fee is $200.00.

2nd TEST FAILURE OF .150 OR HIGHER: Driving privileges are suspended for one year followed by 2 years of ignition interlock.

3^rd TEST FAILURE OF .150 OR HIGHER: Driving privileges are suspended for one year followed by 3 years of ignition interlock.

4^th TEST FAILURE BETWEEN .08 AND .149: Driving privileges are suspended for one year followed by one year of restriction to driving only a motor vehicle equipped with an ignition interlock device. The reinstatement fee is $300.00.

4^th TEST FAILURE OF .150 OR HIGHER: Driving privileges are suspended for one year followed by 4 years of ignition interlock.

5^th TEST FAILURE: Permanent revocation. The license is suspended for the rest of the person's lifetime and there is no provision currently provided in the law for reinstatement.

TEST REFUSALS

1^st TIME REFUSAL: Driving privileges are suspended for one year. The reinstatement fee is $400.00.

2^nd TIME REFUSAL: Driving privileges are suspended for two years. The reinstatement fee is $600.00.

3^rd TIME REFUSAL: Driving privileges are suspended for three years. The reinstatement fee is $800.00.

4^th IME REFUSAL: Driving privileges are suspended for TEN YEARS. The reinstatement fee is $1,000.00.

5^th TIME REFUSAL: Driving privileges are suspended FOREVER. The license is suspended for the rest of the person's lifetime and there is no provision currently provided in the law for reinstatement.

APPEALING THE SUSPENSION

If the suspension is affirmed, you have the right to appeal the decision to the District Court. This petition for review must be filed within 10 days. It is filing a civil lawsuit against them. The matter is heard by an actual District Court Judge, as compared to a rubber stamp administrative judge. The administrative hearing is then treated as though it never happened. However, only issues which had been previously raised by your lawyer at the administrative level shall be argued. Usually, any driver's license suspension is stayed throughout the civil case. Appealing an administrative hearing is lengthy endeavor requiring significant paperwork, discovery, and preparation.

If you or someone you love was arrested for drunk driving, contact us at 913-901-7017 to speak with an experienced Kansas DUI defense attorney.