Kansas DUI Law
Like most states, when you are arrested for DUI (driving under the influence) in Kansas, you will face both criminal and administrative penalties. In order to contest your administrative penalties, you will need to request an administrative hearing. If you are successful at your hearing, the administrative action will be dismissed. Keep in mind that the guidelines and procedures related to administrative proceedings are strict.
Administrative penalties are generally comprised of license suspension or revocation. The length of this suspension or revocation will vary depending on the following factors:
- Whether you have been convicted of DUI in the past;
- Whether you refused to submit to or failed a breath or chemical test; and
- Whether you are considered to be a minor (under 21 years of age).
In most cases, your suspension will range between 30 days up to one year, followed by the installation of an ignition interlock device.
An Administrative Hearing in Kansas
When an individual is arrested for DUI in Kansas, an officer should give the driver a form known as the DC-27. On the back of the DC-27, the driver will find instructions for how to request an administrative hearing. The request must be made within 14 days after being served with the DC-27. If you do not meet the 14 day time limit, you will have forfeited your right to an administrative hearing.
A request for an administrative hearing will cost the driver a $50 application fee. Upon completing an application, the driver maintains his or her driving privileges for 30 days after the administrative hearing.
During the administrative hearing, the driver may raise questions that include, but are not limited to, the following:
- Whether the officer had reasonable grounds to think that you were under the influence of drugs and/or alcohol at the time of the arrest;
- Whether you were given notices as required by law;
- Whether the finding of your test failure or refusal was justified;
- If tested, whether the machine was up to standard;
- If tested, whether testing procedures were properly complied with;
- If tested, whether the person administering the test was certified; and/or
- If tested, whether your BAC was .08% or greater.
Once the hearing is complete, an order will be entered that will either affirm the license suspension or dismiss the action. If the driver is unsatisfied with the finding, he or she may appeal the order.
Missouri DWI Law
Missouri statutes related to administrative hearings will vary from those in Kansas. In Missouri, if this is the driver's first DWI arrest, and a chemical test resulted in a finding that the driver had a .08% BAC or greater, the driver is subject to a 90-day license suspension. Here, the driver may be eligible to drive with restricted privileges after 30 days.
However, if the driver has had a prior alcohol-related administrative suspension or refusal revocation within five years, the driver is then subject a license suspension of one year. In this case, the driver is not eligible to receive restricted privileges.
In a situation where the driver refused to submit to a chemical test, the administrative penalties will vary. Upon a first refusal, the driver will receive a one-year license revocation. After 90 days, the driver may request a hardship driving privilege. This is in the judge's discretion.
If this is not the driver's first chemical refusal and he or she refuses again, the driver will receive a one-year license revocation, but the driver will be prohibited from receiving a hardship driving privilege at any time during that year.
An Administrative Hearing in Missouri
In Missouri, the type of administrative hearing will depend on whether you submitted or refused to submit to a breath or chemical test.
(1) If you submitted to the test and the result was above the legal limit: The issues here are whether there was probable cause to arrest the driver and whether the driver had a BAC of .08% or greater. If the driver is under 21 years of age, there will also be an issue as to whether the driver was stopped upon probable cause to believe that the driver was driving while intoxicated or stopped for a traffic violation.
Here, the driver should receive notice of the suspension or revocation once test results are available - this may be at the time of the arrest or shortly thereafter. If the driver chooses to challenge the suspension or revocation, the request must be filed within 15 days after the driver has received notice. Again, this time frame is strict.
This hearing is conducted by the Director of Revenue. Similar to other administrative matters, the driver must exhaust all administrative remedies before being eligible to have a hearing in front of a circuit court judge.
After the hearing, if the driver is unsatisfied with the ultimate finding, he or she may petition for a new trial in the county he or she was arrested.
(2) If you refused to submit to a breath or chemical test: As with the other type of hearing, the case is begun when an officer files a sworn report in the case and the driver is given proper notice of the license suspension or revocation. In order to request a hearing in this case, the driver must file a Petition for Review challenging the refusal. This Petition must be sent directly to the circuit court of the county in which the arrest took place and must be within 30 days of the arrest. If the time frame is not followed, the right to a hearing is waived.
The issues in a refusal hearing are:
- Whether the subject was arrested upon probable cause;
- Whether the officer had reasonable grounds to believe that the subject was operating a motor vehicle while intoxicated; and
- Whether the subject refused to submit to a test.
To meet its burden, the State must show that a proper implied consent warning was read to the driver and that the driver was given the required 20 minutes in order to contact an attorney, if so desired.
Do You Need an Attorney?
As you can see, there are lot of nuances and details involved with administrative hearings in both Kansas and Missouri. If you have been arrested with DUI/DWI, it is in your best interest to contact an experienced defense attorney as soon as possible.
