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. 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.

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Taking the Right Steps 
after an Arrest in Johnson County

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.

When can law enforcement seize my 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. 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.

Should I hire a lawyer to represent me during the hearing?

Although you are not required to hire legal representation for your Administrative Hearing, it is highly recommended if you want to successfully contest the suspension. There are several important factors that should be reviewed by an experienced attorney before you schedule a hearing, so the legal team at Garretson & Toth, LLC encourages you to give us a call immediately. The sooner a Johnson County DUI attorney is involved, the sooner you can get started on building a strong case.

Do not hesitate to call our office at (913) 971-0296 today. The initial consultation is free whether online or by phone, so you have nothing to lose by seeking out the professional help that you will need.

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