Johnson County, KS DUI/DWI driver's license suspension Administrative Hearing lawyers & attorneys:
Almost every Johnson County, KS driving under the influence (DUI/DWI) arrest will include a proposed driver's license suspension. Our DUI lawyers can help you fight to keep your driver's license! If you have been charged with a Johnson County DUI, please keep this in mind, above everything else you've read so far: In most Johnson County DUI cases, you only have 10 business days from your arrest to request an administrative hearing to determine if your driver's license will be suspended, and if so, for how long. The proposed suspension depends on what "occurrence" the Kansas Department of Revenue believes the DUI charge is. The KDR defines "occurrence" in a very unique way, so it is important to consult with a Johnson County DUI attorney to determine what "occurrence" they consider this for you. The term of the driver's license suspension that you face as a result of your Johnson County DUI depends upon several factors, including: (1) whether you failed a breath/blood/urine test or whether you refused to submit to it; (2) the level measured in your blood/breath/urine; (3) whether this is your first, second, third, or subsequent test failure or refusal; and (4) whether you are over or under 21 years of age. The length of the suspension ranges from 30 days to permanent revocation of driving privileges, please call us at (913)764-5010 or email us at info@JohnsonCountyDUI.com for more information about your specific case. The proposed driver's license suspensions for those over 21 years old are either: (1) 30 day driver's license suspension with 330 days restricted for first time offenders blowing under .15; (2) 1 year driver's license suspension with a varying ignition interlock requirement for first time refusals, first time breath samples over .15, and breath samples over .08 for second, third, and fourth time DUI occurrences; (3) 2 year driver's license suspension, with an ignition interlock requirement for second occurrence refusals; (4) 3 years driver's license suspension, with an ignition interlock requirement for third occurrence refusals; (5) 10 year driver's license suspension, with an ignition interlock requirement for forth occurrence refusals; (6) For fifth time refusals or breath test failures, the law calls for a permanent driver's license suspension! These proposed suspensions are absolute, with no "hardship" licenses being granted. The proposed driver's license suspension in your case will depend on your driving record and the circumstances surrounding your case. The 10 day deadline is absolute - if you do not request the hearing within the 10-day time period, the suspension proposed by the Kansas Department of Revenue will automatically go into place, with no opportunities to appeal! Thus, it is highly suggested that you quickly retain a Johnson County, Kansas DUI attorney to protect your rights and driving privileges. People charged with a DUI in Johnson County are entitled to an administrative hearing with the Kansas Department of Revenue where the driver and their Johnson County DUI lawyer can challenge the grounds upon which a driver's license is suspended. At the Administrative Hearing, the Kansas Department of Revenue is attempting to take your license from you. To the Department of Revenue, causing you to lose your driver's license and thus your job is just part of another day's work. Nor do they care that your family could suffer serious hardships if you are not available to take your kids to school or activities. The DoR's Driver Control Bureau exists in this capacity to take your driver's license and ignore the consequences. To keep your driver's license you need a Johnson County DUI attorney who knows how to defeat the DoR. Learn how our law office's DUI attorneys can help preserve your driving privileges after a Johnson County DUI charge: Our Johnson County DUI attorneys can request an administrative hearing within 10 business days of your arrest and preserve your driving privileges until a hearing is held in your case. In other words, the validity of your temporary driving privileges is extended until after the hearing which is frequently scheduled months after the request. In Johnson County, administrative hearings for driving under the influence (DUI/DWI) are usually scheduled at least 3 months after the Johnson County, KS DUI arrest, and occasionally take place 9 months or longer after the arrest. Prior to the hearing, our DUI lawyers can subpoena certain documents and witnesses who may have information about your case. Why are the administrative hearings so hard to win?: The primary reason it is difficult to win the administrative hearing is that the burden of proof is shifted to the driver - instead of the State of Kansas having to prove that you are guilty and your license should be suspended, you have to the burden of proving that your license should not be taken from you. This seems contrary to the fundamentals of our justice system, but "innocent until proven guilty," is only available in criminal proceedings and the State of Kansas considers the driver's license suspension portion of a Johnson County DUI to be a civil proceeding. Thus, the Constitutional protections available in criminal court are oftenunavailable at the administrative hearing. At the Kansas DUI administrative hearing, a limited number of issues can be raised in your defense, depending on the facts of your case. These issues include: (1) whether or not the officer had reasonable grounds to believe that you were operating or attempting to operate a vehicle while under the influence of alcohol or drugs; (2) whether you were given the legally required notices before being asked to submit to testing; (3) whether your actions constituted a legal refusal to take the test; (4)whether the testing equipment and the officer operating the machine were certified by the Kansas Department of Health and Environment (KDHE); (5) as well as a limited number of other due process or other constitutional issues. If you are successful at the hearing, or if the officer fails to appear without requesting a continuance of the hearing in writing, your license may not be administratively suspended at all. However, you or your Johnson County DUI attorney must send a letter requesting an administrative hearing to the Kansas Department of Revenue within 10 business days of the day you received the DUI or your driving privileges will automatically be suspended, period. Thus, it is critical that you quickly retain a well-qualified Kansas DUI defense lawyer as soon as possible after the arrest to preserve your rights. Contact our Olathe, Kansas, law offices for a consultation today. Kansas attorney Jeremiah Johnson provides legal representation to clients in Olathe and Kansas City, Kansas, and in surrounding communities throughout Johnson County, such as Overland Park, Leawood, Prairie Village, Lenexa, Mission, Mission Hills, Mission Woods, Shawnee, Gardner, Lenexa, Spring Hill, Westwood, Merriam, Fairway, Edgerton, De Soto, Roeland Park, and Stillwell.
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