If you were recently charged with driving under the influence (DUI) in Kansas, your license may have been confiscated at the time of your arrest. Typically, the officer will issue an "Officer's Certification and Notice of Suspension" form, also known as a DC-27, and inform you that you can contest the pending suspension by requesting a hearing. Should you fail to do so, it will be assumed that you have consented to the forfeiture of your driving privileges. For this reason, it is important that you act quickly if you are interested in fighting for the reinstatement of your driver's license. You will only have 14 days from the time of your arrest to file a written request with the Kansas Department of Revenue.
After that, a hearing will be scheduled and you will have the opportunity to present your case—preferably under the experienced guidance of an Olathe criminal lawyer from Garretson & Toth, LLC. If you do not request a face-to-face hearing, you can still engage in an administrative hearing over the phone. It is important to understand, however, that you must have a sufficient reason to contest the suspension. Since the DMV hearing is separate from the criminal trial, it will be focused on the matter of your civil rights. This means that it will be your burden to prove that one or more of the following circumstances existed:
- The officer did not have reasonable grounds to make an initial traffic stop
- The officer did not have reason to believe that you were under the influence
- You were not properly arrested and/or informed of your Miranda rights
- You were not given the implied consent notice before refusing a chemical test
- Chemical testing procedures were improperly administered
- You did not refuse to submit to a chemical test (breath, blood or urine)
By showing that one or more of these circumstances contributed to the forfeiture of your driver's license, you may be able to successfully contest the suspension. For this reason, it is highly recommended that you discuss your case with a qualified attorney immediately after a DUI arrest. You could lose your license for a minimum of 30 days if you fail to meet this burden of proof at your DMV hearing, so you should not hesitate to equip yourself with a solid legal strategy. The same applies to the criminal proceedings that will follow thereafter, as you could also lose your driver's license upon your conviction. As such, you should not hesitate to take the first step today by enlisting the help of an Olathe criminal attorney at our firm. Call our office at (913) 971-0296 for a free consultation.