When you are arrested for Driving under the Influence (DUI), two separate legal processes begin: the criminal case in State or Municipal Court and the Administrative License Hearing. These two processes are completely independent of each other and are handled separately. You can win both, lose both, or win one and lose the other. If you have been charged with drunk driving, you need an attorney who can handle both for you.
The Administrative License Hearing is a process in which the State of Kansas works to suspend your driver's license. At the time of your DUI, the office arresting officer will give you a pink sheet of paper-called the DC-27. This paper serves as a temporary license for thirty (30) days. You only have TEN DAYS (10) days after service of the DC-27 to request an Administrative Hearing. You must properly request a hearing within that time frame. If you request a hearing too late or fail to properly request a hearing, your license will automatically be suspended on the 30th day after service of the DC-27. Thus, it is important to contact a Kansas DUI attorney immediately after your DUI arrest to ensure that the request is correctly made. If you request a hearing, the State will extend your driving privileges until your hearing.
Once the hearing is requested the State will send you a letter acknowledging your request and extending your driving privilege until your hearing. At some later point the State will send you and your lawyer a notice of the date of your hearing. At your license hearing the burden of proof is on YOU to prove your license should not be suspended. A hearing officer will decide whether or not your license will be suspended. To prevent your license from being suspended you must present a legal defense. Kansas offers no option such as a work permit or hardship license. In Kansas, suspension means NO DRIVING. Unlike the criminal DUI case, there is no "plea bargaining," in an administrative hearing. Thus, you cannot ask for a shorter suspension. The administrative hearing is an all or nothing. It is important to have an attorney who understands what legal defenses to present.
