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A DUI Is Not Just Handled In Criminal Court

You were driving yourself home after a night out on the town with your friends. Just short of home, an officer pulled you over for suspected DUI. You ended up getting arrested and have been charged with driving under the influence of alcohol. Yes, you’ll have to go to court in order to resolve the issue. Did you know you need to go to an administrative hearing as well? This is standard procedure in Kansas and elsewhere.

On the ticket given to you by the police officer, there are instructions about administrative hearings. This is a part of your DUI case that you cannot ignore. What is the purpose of this hearing, how do I set one up and why does it really matter?

Purpose and getting started

When charged with a DUI, you may lose your driving privileges — temporarily or permanently. To avoid losing your license or to at least minimize the length of time your license is suspended, you need to attend a hearing. After your arrest, you have 14 days to schedule your hearing. This you can do via mail or over the phone.

When you submit your request for an administrative hearing, you must include quite a bit of information. Such as:

  • Your name
  • Current address
  • Driver’s license number
  • Date of birth
  • Legal representative’s name
  • Fee payment

Along with this basic information, you will have to decide if you want the arresting officer present in order to contest the facts of the case. If so, a request to subpoena the officer will need to be filled out. If this is not done at the time you submit your hearing request, you essentially waive your right to have this individual present at the hearing.

After request submission/Getting help

After you submit your request, you wait. Someone will call you in order to set up a time for your hearing.

When the time of your hearing arrives, you do not have to go alone. You have the right to have legal counsel present with you. It is wise to do so, especially if you do not know how these hearings work.

Fighting to keep driving privileges after a DUI charge is not easy. Many Kansas residents lose their licenses simply by failing to take care of the administrative hearing and only focusing on their criminal cases. An experienced defense attorney can help you tackle both.

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