Arresting Officer must hand-deliver Notice of Suspension to drivers who refuse breath test

Posted by Matt McLane | May 13, 2024 | 0 Comments

When a driver refuses a breath test or a blood test, the arresting officer must deliver the DC27 form in person.  The form is known as the Notice of Suspension, advising the driver of the pending suspension and their rights to appeal the suspension. The law is clear that in the case of a test refusal, the officer must hand the notice of suspension to the driver while the driver is in police custody.  The officer can not mail the driver the notice even if the officer discovers he made an error in filling out the form. For instance, the officer must sign the form under the "officer's certification" section.  On occasion, the officer will forget to sign the form.  I have won license hearings when the officer admits he made an error on the form, and then tried to correct the error and mail a new DC27 (pink sheet) to the driver. It is best practice for lawyers to look at each paragraph on the form and confirm the officer has checked the appropriate boxes (for example, test failure vs. test refusal) and has signed the form on the block designated for the officer's name and address. 

While most lawyers know to look for these details, it is the small things in a DUI case that can save a driver her license and the expense that goes with the ignition interlock.  The interlock is required following all suspensions resulting from a DUI arrest. The length of the requirement varies depending on whether the driver submitted to the breath test or refused, as well as the test result number and whether the driver has any prior alcohol offenses on her record.  

You should always consult a lawyer in the immediate aftermath of an arrest.  The lawyer should request you email or fax the "pink sheet" to them for evaluation of the form.  A good lawyer will sit down and explain the likelihood of a suspension and the length of the interlock requirement under Kansas law.  As I have practiced in the area for over 25 years, I am well versed in finding the small cracks in the state's case for suspension.

About the Author

Matt McLane

Matt McLane was born in Topeka, Kansas, and moved to Pittsburg, Kansas in 1980 where he attended middle school, high school and college. Upon graduation from PSU in 1992, Matt moved back to Topeka where he attended Washburn University law school. Upon graduation, he moved to Overland Park and worked in a small firm handling DUI and traffic cases. He opened the McLane Law Firm in April 2011 and has built his firm on a strong referral base and solid reputation.


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McLane Law Firm

Matt McLane has been defending individuals charged with DUI, traffic and criminal offenses since his graduation from Washburn University Law School in 1996. Licensed in the states of Kansas and Missouri. Mr. McLane specializes in DUI and criminal defense throughout the Kansas City metropolitan area.

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