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 State or Municipal Court (or, rarely, in Federal 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. 

In the criminal case you are charged with the crime of DUI, and probably some other offenses, and ordered to appear in court.  That process is explained on the “Kansas DUI Laws” page.

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 TEN 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 within ten days of your arrest to make sure this is done correctly.

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.  You, your lawyer, and the arresting officer will be called before the “hearing officer,” who will decide the fate of your license.  The hearing officer will look to you to demonstrate why your license should not be suspended.  Telling the hearing officer you need to drive to get to work or to take your kids to school will fall on deaf ears.  You need to present a legal defense. 

License hearings are difficult to win.  There is no “plea bargaining,” meaning you cannot ask for a shorter suspension.  You either win or lose.  Kansas offers no option such as a work permit or hardship license.  And, yes, suspension means no driving.  The length of your suspension is determined by numerous factors, described below.

If you are 21 or older and fail a breath or blood test with an alcohol level of 0.08 to 0.149, and fail to request an administrative hearing or lose your administrative hearing, the following suspension will be imposed:

1st Occurrence: 30 day suspension of driver's license followed by 330 days of restrictions.

2nd Occurrence: 1 year suspension of driver's license followed by 1 year of driving only a motor vehicle equipped with an ignition interlock device.

3rd Occurrence: 1 year suspension of driver's license followed by 1 year of driving only a motor vehicle equipped with an ignition interlock device.

4th Occurrence: 1 year suspension of driver's license followed by 1 year of driving only a motor vehicle equipped with an ignition interlock device.

5th Occurrence: Permanent revocation of driver's license.

If you are 21 or older and fail chemical testing with a blood alcohol level of  0.150 or higher, and fail to request an administrative hearing or lose your administrative hearing, the following suspension will be imposed:

1st Occurrence: 1 year suspension of driver's license followed by 1 year of driving only a motor vehicle equipped with an ignition interlock device.

2nd Occurrence: 1 year suspension of driver's license followed by 2 years of driving only a motor vehicle equipped with an ignition interlock device.

3rd Occurrence: 1 year suspension of driver's license followed by 3 years of driving only a motor vehicle equipped with an ignition interlock device.

4th Occurrence: 1 year suspension of driver's license followed by 4 years of driving only a motor vehicle equipped with an ignition interlock device.

5th Occurrence: Permanent revocation of driver's license.

If you refuse to submit to chemical testing to determine your breath or blood alcohol concentration and fail to request an administrative hearing or lose your administrative hearing, the following suspension will be imposed:

1st Occurrence: 1 year suspension of driver's license followed by a year of driving only a motor vehicle equipped with an ignition interlock device.

2nd Occurrence: 2 year suspension of driver's license.

3rd Occurrence: 3 year suspension of driver's license.

4th Occurrence: 10 year suspension of driver's license.

5th Offense: Lifetime suspension of driver's license.

If you were under 21 and you fail a breath or blood test with an alcohol level of 0.08 to 0.149, you face a 1 year suspension of your driver's license.

If you were under 21 and you fail a breath or blood test with an alcohol level of 0.15 or
higher face a 1 year suspension of your driver's license followed by another year of driving only a motor vehicle equipped with an ignition interlock device.

If you were under 21 and your alcohol level was between 0.02 and 0.079 you face a 30 day administrative suspension of your driver's license followed by 330 days of restrictions.  You may or may not be charged with the crime of DUI under these circumstances, at the discretion of the prosecutor.