Kansas DUI lawyers tell you what you need to know about driver’s license suspension hearings
When you fail or refuse a breath or blood test, you face two separate actions: (1) an administrative action by the Department of Revenue to suspend your license, and (2) a criminal case in district or municipal court. Under Kansas DUI law, before the Department of Revenue can suspend your license, you have the right to an administrative hearing. You’ll want an experienced Kansas DUI defense lawyer at your side to represent you at the hearing.
The 14-day deadline
Contact a Kansas DUI lawyer as soon as possible after your arrest to make sure you don’t miss the deadline for requesting a hearing. To get a hearing, a written request to the Kansas Department of Revenue is required. The request must be postmarked or faxed to the Department within 14 days after you received a notice of suspension. If you don’t request the hearing, or miss the deadline, your license will be automatically suspended on the 30th day after you received the notice of suspension.
Why requesting the hearing is important
It is very important to request a hearing for a number of reasons.
The hearing request will extend your temporary driving privileges. If you make a timely hearing request, your driving privileges cannot be suspended until the 30th day after the hearing officer makes a decision. The hearing may not be scheduled for months after the request.
Before the hearing, you are entitled to subpoena certain documents and witnesses. These documents and witnesses will provide your DUI attorney with crucial information to represent you both at the administrative hearing and in your criminal case.
Depending on the facts of your case, your DUI attorney may be able to raise a number of issues at the hearing to prevent the suspension of your license. These issues include:
- Whether the officer had reasonable grounds to believe that you were operating or attempting to operate a vehicle while under the influence of alcohol or drugs;
- Whether you were given the legally required notices before being asked to submit to testing;
- Whether your actions constituted a legal refusal to take the test;
- In the case of breath testing, whether the breath testing equipment and the officer operating the machine were certified by the Kansas Department of Health and Environment (KDHE) and whether the testing procedures complied with the procedures set out by the KDHE.
- In the case of blood testing, whether the testing equipment and procedures were reliable and the person operating the equipment was qualified.
If you and your attorney are successful at the hearing, your license will not be administratively suspended. Even if you do not win the hearing, your attorney will have learned critical information that will enable him or her to represent you more effectively in the criminal case.
If you win the administrative hearing, your license may still be suspended as a consequence of a guilty plea or conviction in your criminal case. In effect, the Department of Revenue has two opportunities to suspend your license: at the administrative hearing and again in court.
Get help with your license suspension hearing and court case
We regularly represent Kansas DUI clients at driver’s license suspension hearings and in their court cases. If you have received a notice of suspension, do not delay. Contact us today for a consultation. To provide you with the best possible DUI defense, we must be able to make a timely hearing request. Give us a brief description of your case using the form on this page or call our office:
Addair Thurston Chtd.
Manhattan, Kansas DUI lawyers
900 Poyntz Ave.
Manhattan, Kansas 66502
725 N. Washington Street
Junction City, Kansas 66441