Kansas City Criminal Defense Lawyers
How Do I Get My License Back After a DUI?

How Do I Get My License Back After a DUI?

In Kansas, the following proceedings will take place after someone is charged with DUI.

While a person is being prosecuted in the criminal justice system, the Kansas Department of Revenue will bring a civil administrative suit against the defendent's driver’s license. Keep in mind that the criminal case and the civil suit are separate and will not have bearing on each other.

After the accused individual has head the implied consent notice read aloud and been tested for blood alcohol content (or has refused the test) the law enforcement officer will confiscate his or her driver’s license. The police officer must serve the person with a pink form, titled “Officer’s Certification and Notice of Suspension” (DC-27), which has been properly filled out. This form will serve as the person’s temporary driver’s license during the pendency of the administrative suit.

Driver’s License Reinstatement

In the fine print, there are instructions on the pink form which inform drivers that within 14 days they need to formally request a hearing regarding their driving privileges. If the person fails to submit a written request within the 14-day limit, or doesn’t make the request in a proper manner, his or her license will be automatically suspended.

If the driver, or their attorney, does request a hearing, he or she will be given what is known as an “administrative hearing,” which will be conducted by telephone unless the driver requests a face-to-face meeting. The certifying officer(s) must be subpoenaed to the hearing.

When the Department of Revenue receives this request, they will notify the driver and/or their attorney. The person will maintain their driving privileges until the day of the hearing. The driver and/or their attorney will receive the notice of the hearing date and time generally about three to six weeks after the request is made.

In an administrative hearing, the driver is assumed to be guilty and must prove that his or her license should not be suspended. An experienced criminal defense attorney can evaluate your case and determine all of the possible defenses to protect your driving privileges.

Common defenses include:

  1. The officer did not have reasonable grounds to believe that the person was operating a vehicle while under the influence
  2. The driver was not properly arrested
  3. The driver was not given the implied consent notice
  4. The testing procedure was conducted improperly

For more information, request a free consultation with our Kansas City criminal defense lawyers at Rokusek Stein, LLC today.

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