DMV Hearings in Overland Park

Do You Need Assiatance after a DUI in Kansas?

Before you receive a DMV hearing regarding a license suspension, it's important to understand the facts about DUI that will influence your case. Kansas law states that it is unlawful for an individual to operate or be in control of a motor vehicle while they are under the influence of drugs or alcohol, and with a blood level alcohol content of .08% or more.

Possible Penalties for DUI

If you are stopped on a traffic charge, and the officer believes that you have been driving under the influence of alcohol, you will be arrested immediately, and your drivers license may be confiscated.

• If you submitted to a breath test and are over the age of 21, with a first time DUI, your license will be suspended in one of of the following manners:
• With a BAC test result of 0.08 to 0.149, inclusive, you will face a 30 day suspension followed by a period of ignition interlock driving restrictions ranging from 6 months to 12 months (depending upon your driving record) on a 1st "occurrence" (as defined in K.S.A. 8-1013).
• For a BAC of 0.15, or greater, the driver faces a one year suspension followed by one year of ignition interlock driving restrictions (on a 1st occurrence).
• For a 2nd occurrence breath test failure, the suspension is one year followed by one year of ignition interlock driving restrictions (for a BAC of 0.08 through 0.149); or, for a BAC of 0.150, or greater, the suspension is one year followed by two years of ignition interlock driving restrictions.
• For a 3rd occurrence breath test failure, the suspension time is one year followed by two years of ignition interlock driving restrictions (if the BAC is 0.08 through 0.149), or, for a BAC of 0.150, or greater, the suspension is for one year followed by three years of ignition interlock driving restrictions.
• For a 4th occurrence breath test failure, the suspension is for one year followed by three years of ignition interlock driving restrictions (if the BAC is 0.08 through 0.149), or, one year suspension followed by four years of ignition interlock driving restrictions (if the BAC is 0.150, or greater).
• For a 5th occurrence breath test failure, the suspension is for one year followed by ten years of ignition interlock driving restrictions for any BAC test result of 0.08, or greater.

If you refused the field sobriety test and this is your first offense, your license will be suspended for one year followed by one year of ignition interlock driving restrictions. From there, the suspension remains one year, but the restriction period is increased by one year for each occurrence through the fourth occurrence, with the restriction period on the fifth occurrence being a 10 years ignition interlock.

Contact an Overland Park DUI Attorney Right Away

If you have been arrested for a DUI, in Kansas, you have only 14 calendar days from the date of your arrest to request a hearing with the Kansas DMV if you wish to keep your driving privileges. It is also crucial to employ the services of an Overland Park DUI attorney who is experienced in defending Kansas DMV hearings - such as myself.

In the past, both the court and the DMV could order a license suspension. Now only the DMV can order a drivers license suspension, either because of an unsuccessful DMV hearing or a criminal conviction.

DMV (Kansas Department of Revenue - Division of Vehicles) hearings are held at the nearest office to the DUI arrest. A DMV employee will act as both the prosecutor and the judge. Since this area of the law is administrative law (more like civil law rather than criminal law), the rule of strict construction, or "black letter law" applies. If the statute requires an act, or certain procedure, then the hearing may turn on whether such act, or procedure, was followed by the law enforcement officer.

As your attorney, I have fully understand the procedural law required to successfully defend my clients at such an administrative hearing. The issues at these hearings can be very complicated. Only an attorney with vast DUI representation experience, such as myself, can have a chance at defeating the license suspension at the KDR administrative license suspension hearing (which is totally separate from the criminal DUI matter).

Call (913) 648-3360 for a Free Consultation

My name is Steve Neighbors and at Neighbors Law Office, I fully understand the law pertaining to DUI as I work with these cases every day. I will use my knowledge and 30 years of law practice experience to ensure the best possible outcome for your case and assist you in challenging the suspension of your license at a DMV hearing. If you select me to be your attorney, I promise to keep you informed as to the status of your matter, and to do my very best to achieve the best-possible outcome on your DMV hearing.

• Contact an Overland Park DUI Attorney today to help avoid license suspension if you've been charged with DUI.