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[GRAPHIC: Paul D. Cramm Driver's License Suspension]
PAUL CRAMM: In both Kansas and Missouri, DUI and DWI cases follow two separate and independent proceedings. The criminal proceeding where the court will determine whether or not the driver violated the law prohibiting driving while intoxicated and the administrative proceeding where the state's Department of Revenue will determine whether or not the driver will suffer a suspension of driving privileges for having either failed or refused the Intoxilyzer test.
Because these two independent proceedings arise from essentially the same event, it can be confusing for the driver to think of these proceedings and their respective outcomes as separate. Moreover, the state Department of Revenue is authorized to issue an order of suspension either for an adverse ruling at the administrative hearing or upon the entry of a formal court conviction for DUI.
Therefore, in order to emerge from a DUI or a DWI charge with no suspension of driving privileges whatsoever, the driver must both prevail at the administrative hearing and resolve the underlying court case in a manner that does not appear as a formal conviction.
In addition to an outright dismissal or a not guilty verdict at trial as a means to avoid court conviction, Kansas offers a true diversion program for first offense DUI charges. This diversion will not automatically trigger suspension of driving privileges the way that a guilty plea or a formal conviction would.
However, even in cases that result in diversion or a not guilty verdict at trial, the driver may ultimately be subject to a suspension of driving privileges if there is an adverse ruling at the administrative hearing.
The most important thing to do if charged with DUI or a DWI is to contact counsel as soon as possible. Both Kansas and Missouri law provide for strict time limitations within which to request an administrative hearing on the issue of driver's license suspension. If this deadline is missed, the order of suspension of driving privileges is automatic.
[GRAPHIC: Paul D. Cramm Attorney at Law 100 East Park Suite 210 Olathe, KS 66061 Cell (913) 645-5925 Office (913) 322-3265 Fax (913) 322-4371 kansascity-criminal-attorney.com]
