Administrative Hearings in Olathe
Criminal Trial vs. Administrative Hearing
In Olathe, KS, an individual who has been arrested and charged with driving under the influence (DUI) may need to undergo two separate proceedings: the criminal trial and the Administrative Hearing.
What Is an Administrative Hearing for a DUI?
If a law enforcement officer has reason to believe that you have been driving under the influence, they may confiscate your driver's license and issue you an "Officer's Certification and Notice of Suspension" form—which is also known as a DC-27. This will serve as a temporary license until you have had the opportunity to contest the suspension.
From there, you must make a written request for a hearing within 14 days. Failing to do so will result in the automatic suspension of your license, so it is highly recommended that you take action as soon as possible.
During Your Hearing, You Will Have the Opportunity to Contest the Suspension By Showing That:
- a) you were not properly arrested and Mirandized
- b) the officer did not have probable cause to make an initial stop
- or c) you were not given the implied consent notice before refusing a chemical test
How Is a DUI Hearing Different From a Criminal Trial?
Since law enforcement is authorized to seize an individual's driver's license upon their arrest if it is believed that they have been operating a motor vehicle while legally intoxicated, the defendant may subsequently need to schedule a hearing with the Kansas Department of Revenue—which may be known to some as the Department of Motor Vehicles (DMV).
This hearing is separate from the criminal trial, as neither case has any bearing on the other. Instead, it is focused solely on the matter of whether or not the Department will move forward with the suspension of the individual's driver's license.
Contact an Olathe DUI defense attorney from our firm to learn more.
When Can Law Enforcement Seize Your Driver's License?
Law enforcement in Olathe will often take the necessary steps to seize your driver's license if they believe that you are guilty of a DUI offense—even if you have refused to submit to a chemical test. In fact, the suspension of your license is an automatic penalty when you violate the state's implied consent laws, as they mandate that all drivers in Kansas must comply with chemical testing if they are suspected of driving under the influence.
What Happens if You Refuse to Take a Chemical Test
If you refuse to submit to a breath, blood or urine test, however, the arresting officer must notify you of the ramifications. Additionally, all drivers under the age of 21 may be subjected to an automatic license suspension if their blood alcohol concentration is measured at .02% or higher. Regardless of the circumstances in which the suspension was ordered, however, the driver will have the opportunity to plead their case at an Administrative Hearing.
Why Do Clients Choose Our Firm?
We Are Dedicated To the Success of Our Clients
-
We Are Former Prosecutors, Armed With Invaluable Insights
-
Our Team Is Committed to Obtaining the Best Possible Outcome for Our Clients
-
We Are Accessible to Our Clients and Will Return All Calls the Same Day
-
Our Firm Provides a Confidential Free Case Consultations
-
We Provide a Unique and Specialized Experience for Each Client Facing Criminal Charges
-
Aggressively Defending Our Clients for Over 60 Years