We Are Your

Criminal Defense Firm

How Do I Get My License Back After a DUI?

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:

  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.

Categories

criminal defense firm

attorney rokusek is a mock trial instructor for the johnson county police academy and serves on the federal criminal justice academy (cja) panel for the district of kansas and on the federal attorney appointment list. she is also a master attorney in the earl e. o'connor american inn of court.

at rokusek law, llc, our lawyers have a reputation for offering a high-standard of professional service. this is shown by the multiple honors that we’ve been awarded over the years.

Contact Rokusek Stein Law, LLC

Request Your Free Consultation Today!

  • Please enter your name.
  • This isn't a valid email address.
  • This isn't a valid phone number.
  • Please enter a message.
  • “It's nice to have someone like Jackie to get you through it!”

  • “I recommend her services without hesitation!”

  • “I can confidently say, retaining her was the best decision I could have made.”

  • “She did an excellent and professional job”

  • “Jackie has become someone I can trust.”

  • “I would call on Jackie or Jessica again if I ever found myself or a family member in need of a lawyer.”

  • “Excellent Lawyer!”

  • “She worked hard to get me the best outcome possible and always listened to my concerns.”

  • “Excellent and Reliable Attorney!”

  • “Thanks to Attorney Rokusek, I have a successful outcome and brighter future to look forward to.”

  • “Excellent representation!”

  • “Thank you for all that you've done for me!”

  • “I would highly recommend her to others seeking outstanding legal counsel!”

  • “When you got up and spoke on my behalf . . . WOW!”

  • “Jacquelyn is very ambitious and resourceful!”

  • “Great results from Jacquelyn Rokusek Law Office!”

  • “I am happy with her service.”

  • “She was absolutely amazing!”

  • “Now we can go on with our lives!”