Kansas DUI Defense Attorney Answers Frequently Asked Questions About the Administrative Side of a DUI

When a person is arrested for driving under the influence of alcohol or drugs (DUI) two separate and distinct cases against that person begin. The first is a criminal case, where if the person is found guilty he or she could face punishment, including but not limited to fines and time in jail. The other case is an administrative or “civil” case. While much attention is focused on the criminal case due to the severe penalties, it is important for a person charged with DUI to understand both cases. The following are some of the most frequently asked questions people have about the administrative side of a DUI:

When arrested for DUI the police officer took my driver’s license. Can I still (legally) drive?

When a person is arrested for DUI the police officer will typically take the person’s driver’s license and in exchange give them a pink sheet of paper, which is called a DC-27 form. This form will serve as the person’s temporary driver’s license. If the person does not request an administrative hearing to challenge the suspension per the instructions printed on the form, the person’s license will be automatically suspended after 30 days. Typically the person only has a two week period of time to request a hearing otherwise, he or she is forever barred from the challenging the suspension.

When arrested for DUI I did not submit to a breath/blood test. But now I learned that my driver’s license will be suspended for a year. Why is that?

In Kansas, when a person chooses to have a driver’s license he or she agrees to follow certain rules. One of these rules is known as “implied consent”. What this law means is that the person agrees to submit to a chemical test to determine his or her blood alcohol content (BAC) in the event he or she is pulled over by the police on suspicion of DUI. If a person breaks this rule by not submitting to the test, he or she will have his or her license automatically suspended for a period of 1 year followed by 1 year of restricted driving, requiring  the use of an ignition interlock device.

Should I request an administrative hearing if I blew over a .08?

Whether a person should request a hearing is a decision that should be made after he or she consults with an experienced DUI defense attorney. The good news is that even if a person does not “win” the administrative hearing, he or she will be permitted to drive until after the administrative decision is rendered and for a period of time thereafter.

If I “win” at the administrative hearing, does that mean I will be found “not guilty” of DUI at the criminal proceeding?

The simple answer to this questions is “no”. The result of the administrative hearing will have no bearing on the criminal proceeding. It is possible that a person has a valid defense that he or she can present at the administrative hearing that is not applicable at the criminal proceeding.

Keep in mind that as soon as you are arrested for driving under the influence of alcohol or drugs (DUI) the clock starts ticking. This is why it is so important to consult with an experienced Kansas DUI Defense Attorney as soon as possible. Only a skilled Kansas DUI Defense attorney can properly advise you if it is in your best interest to request an administrative hearing to challenge the suspension of your driver’s license. If you have been arrested and charged with a DUI call the Whitman Law Offices today at (785) 843-9460 to schedule your free and confidential consultation. With more than 35 years of experience handling DUI matters, Attorney Charles E. Whitman, is the only attorney you can trust to make sure your rights are protected.

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