In Kansas, there are two separate proceedings initiated when an individual is cited for a DUI.
While a person is being prosecuted in the criminal justice system, a civil administrative suit is brought by the Kansas Department of Revenue against his or her driver’s license. Keep in mind, neither case has any bearing on the other.
Once an individual has been read the implied consent notice, been tested, or 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 they need to make a written request for a hearing concerning their driving privileges within 14 days. 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 request must also require that the certifying officer(s) be subpoenaed to the hearing.
When the Department of Revenue receives this request, they will notify the driver and/or their attorney. The person’s driving privileges will be extended until the date 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 the administrative hearing, the driver is presumed guilty and bears the burden of proving 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:
- The officer did not have reasonable grounds to believe that the person was operating a vehicle while under the influence
- The driver was not properly arrested
- The driver was not given the implied consent notice
- The testing procedure was conducted improperly