The days and weeks following an arrest for DUI are very important. One of the most important things you can do is take the appropriate steps to protect your driver's license. Most people don't know that a DUI arrest results in two cases against you - a criminal case and an administrative case. In short, the criminal case involves any fines or jail time that could be imposed. The administrative case deals with suspension of driving privileges. In either case, inaction can have serious lasting consequences.
IF YOU DO NOTHING AFTER A DUI ARREST, YOU WILL LOSE YOUR LICENSE IN 30 DAYS.
Did you know public defenders and appointed attorneys cannot help you protect your driver's license? Kansas law limits their representation to the criminal case against you, not whether you should keep your license.
Stolte Law, LLC believes every person should have the right to a hearing before their driving privileges are suspended - regardless of their ability to hire a top DUI attorney. Because of this, we have posted a sample letter to request the administrative hearing below. Even if you do not hire us, or any attorney for that matter, you should seriously consider requesting an administrative hearing to protect you license. In Kansas, our lack of reliable public transportation makes the ability to drive too important.
REQUESTING AN ADMINISTRATIVE HEARING TO PROTECT YOUR DRIVING PRIVILEGES IS FREE! THERE IS NO REASON NOT TO REQUEST A HEARING.
LETTER TO REQUEST AN ADMINISTRATIVE HEARING
The letter must be sent within 14 days of your DUI arrest. Address the letter to, DL Administrative Hearing Section, KS Department of Revenue, PO Box 2744, Topeka, KS 66601.
To whom it may concern:
The purpose of this letter is to formally request an administrative hearing to address the suspension of my driver's license. My pertinent information is:
Name: (first, middle, last)
Driver's License Number:
I am requesting a live, in-person hearing, and not a telephone conference hearing. I request that the certifying officer be subpoenaed to the hearing:
Certifying Officer: (This information is found on the DC-27 - the pink sheet)
Agency: (The officer's police department)
All future correspondence should be directed to my address above.
WHAT HAPPENS AFTER I SEND IN THE LETTER?
First, and foremost, your license will not be suspended 30 days after your DUI arrest. By sending in the letter, your temporary driver's license will be extended until a determination is made at the administrative hearing.
A few weeks after you send in your letter, the Department of Revenue will send a packet of information to the address you gave them in your letter. That information is what you can use to test whether your driver's license will be suspended. The packet will also include the date, time, and location for your administrative hearing. If you do not attend the hearing, your license will be suspended.
SHOULD YOU DO IT YOURSELF?
Simply put, no. No one should represent themselves in any case. Administrative hearings can be particularly tricky because Kansas law limits the issues that can be raised at the hearing. Determining which issues should be raised, like whether the officer's "facts" should be contested, is much too complicated to lay out generically online. Each case presents a set of circumstances that cannot be covered without an in-depth investigation. That being said, if you cannot afford an attorney, it is better to at least try to go it alone.
KANSAS DUI ATTORNEY
If you would rather have a qualified DUI attorney handle your DUI case for you, Attorney Adam D. Stolte is the only Kansas DUI attorney to be recognized by the National College of DUI Defense and has the same training as most law enforcement officers used to conduct field sobriety test. He knows what the officers know.
Contact Attorney Adam D. Stolte at 913-575-8823 or book online by clicking the icon below.