Relief for Kansas drivers suspended for DUI breath test failures and refusals

Posted by Matt McLane | May 24, 2022 | 0 Comments

Kansas House Bill 2377 has some positive changes in the DUI landscape in Kansas.  Historically, a driver will lose her license for one year if she tests over 0.15% on the breath test or if she refuses the test.   Prior to House Bill 2377 taking effect, a driver had to wait 45 days before receiving a "restricted" permit to drive if they tested over 0.15 and 90-day wait period if they refused the test.  Now, drivers no longer have to wait. The new law allows the Department of Revenue to issue Permits to those who apply for the restricted permit.  The same procedure applies: complete the form (Form 1015 on the state's website) and mail in with a check for $100.  The new law is clearly intended to give relief to drivers who would otherwise have to wait for a month or so before driving legally with a Permit.  This new law still requires, however, the Interlock Device in the vehicle in order to validate the Permit.  Driving without the interlock can lead to additional charges of "driving in violation of interlock restriction."  This particular charge will complicate your DUI case pending in court and/or your current probation status.  In other words, this charge could lead to a revocation of your probation or diversion if the prosecutor was somehow alerted to the new charge.

The new law doesn't change your right to challenge the suspension of your license. You are still granted a hearing if you make a timely request within 14 days of your arrest for DUI.  You should consult with an attorney within the 14-day period and are wise to retain an attorney to protect your license by requesting the hearing.  At the hearing, your attorney can challenge any and all aspects of your case, including the stop, arrest, and breath testing at the station.  While these hearings are difficult to win, it is possible to win by either a legal issue or a technicality with the "pink" sheet (a.k.a. DC-27).  The officer must properly complete the pink sheet in order for the DOR to enforce the suspension.  On occasion, you will see an officer fail to correctly complete each paragraph and/or initial certain lines on the sheet.  If lucky, these errors can lead to the dismissal of the license suspension.  But you don't get there unless you request the hearing.  Therefore, step one is to always engage a lawyer within the first week of the arrest to get the ball rolling on the license hearing.       

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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