Kansas DUI License Suspensions
It is important to understand that, when you are arrested for DUI, two separate legal processes begin. One is the criminal case in the District Court or Municipal Court . The other is the Administrative License Hearing. These two processes are completely independent of each other, meaning you can win both, lose both, or win one and lose the other. Neither process is influenced by what happens in the other process. However, it is crucial to have the same lawyer represent you in both processes. The theories of defense usually overlap, and the documents and evidence obtained in the criminal process are very helpful in defending you in the license hearing.
The Administrative License Hearing is a process in which the State of Kansas works to suspend your driver’s license. In most cases it begins after you have failed or refused a breath or blood test. The arresting officer seizes your driver’s license and gives you a pink sheet of paper, called the DC-27, which serves as your license for 30 days. At that point you have FOURTEEN DAYS to request an Administrative License Hearing. If you fail to request the hearing your license will be suspended. If your request is late or fails to use the proper format it will be rejected and you will be suspended. It is crucial to see an experienced Kansas DUI defense lawyer as soon as possible after arrest to make sure this is done correctly.
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