Administrative License Hearings
Many people charged with drunk driving in Kansas do not realize that there are two separate legal proceedings triggered after a DUI arrest: the criminal proceeding and the administrative proceeding.
The criminal side involves the court where you have to appear to defend against the DUI charge. The administrative side involves your license to drive and the Kansas Department of Revenue. At Colgan Law Firm LLC, we are very aggressive about representing you in both capacities: DUI defense and administrative license hearings.
Act Quickly To Preserve Your Driving Privileges
When you are charged with drunk driving in Kansas, you need to move very quickly to preserve all of your rights under the law. Here is a quick breakdown of the administrative procedure and what is required if you want to protect your driving privileges:
- If you fail or refuse a breath test, the arresting officer will seize your driver’s license and give you a pink document called a DC-27. This piece of paper serves as a temporary driver’s license for 30 days.
- After you get the DC-27, you have only 14 days to properly request an administrative license hearing and subpoena the police officers involved in your case.
- If you do not request an administrative license hearing, your license will automatically be suspended for at least 30 days, although one-year suspensions are common.
- Keep in mind that the administrative legal track is separate from the criminal legal track. The results on one side will not affect the results on the other. In other words, your license could be suspended even if you are eventually found not guilty of DUI.
- If you properly and successfully request an administrative license hearing, your driving privileges will be extended until the date of your hearing. After you file your request, the Kansas Department of Revenue will schedule the hearing date for some time in the future.
It is important to have the same lawyer handle your criminal case and your administrative case. While they are separate, both proceedings may involve the same evidence and defense strategies. In fact, sometimes evidence used for administrative purposes is instrumental in achieving not-guilty verdicts and having DUI charges dismissed.
Possible Consequences Of Not Requesting A Hearing
Being arrested for DUI puts your freedom and your finances in jeopardy, but you may face additional negative consequences because of license suspension, such as:
- Your employment may be threatened by your inability to drive
- Your ability to accomplish daily tasks may be severely limited
- Overzealous and unnecessary restrictions may be applied
- Unfair information may be included on your driving record
As soon as possible after a DUI arrest, contact our law office in Kansas City, Kansas. We can take swift action on your behalf and fight to protect your driving privileges.