KS Driver's License Suspension

Attorney Paul D. Cramm - Kansas Driver's License Suspension

If you've lost your driver's license due to DUI or an implied consent violation, you need the help of an experienced and resourceful Kansas City driver's license suspension lawyer. Contact my DUI defense law firm in Olathe for a free consultation.

Effective July 1, 2007, the Kansas Legislature enacted several amendments to the state's DUI laws. These amendments also affect the statutory Administrative Suspension provisions. Essentially, the sentencing and suspension provisions are significantly greater for drivers who either refuse the Intoxilyzer test or provide a breath sample in excess of .15% alcohol concentration.

First Offense:

If a law enforcement officer is deemed to have valid "reasonable basis" to request that you submit to an Intoxilyzer test and you fail the test by providing a breath sample in excess of .08% alcohol - but less than .15% - the Kansas Department of Revenue can suspend your license for a 30-day period, followed by 330 more days of restricted driving privileges. Some defendants apply for unrestricted driving privileges following the 30-day suspension by requesting an ignition interlock device.

If you test at or above .15% on a true first offense, or if you refuse the Intoxilyzer test, you face suspension of your driving privileges for a full year followed by an additional year of driving a vehicle only if it is equipped with an ignition interlock device.

Second Offense:

If you fail the test by providing a breath sample in excess of .08% alcohol - but less than .15% - the Kansas Department of Revenue can suspend your license for one full year.

If you test at or above .15% on second offense, you face suspension of your driving privileges for a full year followed by an additional 2 years of driving a vehicle only if it is equipped with an ignition interlock device.

If you refuse the Intoxilyzer test on a second offense, you face suspension of your driver's license for 2 years.

Third Offense:

If you fail the test by providing a breath sample in excess of .08% alcohol - but less than .15% - the Kansas Department of Revenue can suspend your license for one full year.

If you test at or above .15% on third offense, you face suspension of your driving privileges for a full year followed by an additional 3 years of driving a vehicle only if it is equipped with an ignition interlock device.

If you refuse the Intoxilyzer test on a third offense, you face suspension of your driver's license for 3 years.

Fourth Offense:

If you fail the test by providing a breath sample in excess of .08% alcohol - but less than .15% - the Kansas Department of Revenue can suspend your license for one full year.

If you test at or above .15% on fourth offense, you face suspension of your driving privileges for a full year followed by an additional 4 years of driving a vehicle only if it is equipped with an ignition interlock device.

If you refuse the Intoxilyzer test on a fourth offense, you face suspension of your driver's license for 10 years.

Fifth Offense:

If a law enforcement officer is deemed to have valid "reasonable basis" to request that you submit to an Intoxilyzer test and you fail or refuse the test, you face permanently revocation of your driving privileges.

Written Request for Hearing

Based on the foregoing, it is absolutely essential to put the Department of Revenue administrative hearing process into effect as soon as possible after a DUI arrest or implied consent violation. The only way to avoid the usual suspension penalties is to apply for a forma Administrative Hearing within ten court days of the date you get the DUI . (The ONLY change in the law that is of benefit to Kansas drivers is that the Department of Revenue no longer counts Saturdays, Sundays and legal holidays against you in calculating the 10 day period in which to submit your written request for the hearing.) That will extend your temporary driving privileges until 30 calendar days after the date of the Administrative Hearing. It is also essential to defeat whatever DUI charges you are facing in connection with your arrest or implied consent violation. This is because the Department of Revenue may issue an Order of Suspension following formal Court Conviction for DUI - regardless of what happens at the Administrative Hearing. Think of it as though the Department of Revenue has 2 chances to suspend your license: once at the Administrative Hearing and again at Court.

It takes an experienced Kansas DUI defense lawyer to help you avoid the problems of a suspended or revoked license and negotiate the maze of Kansas DMV procedures and administrative hearings. Contact my office in Olathe and we can discuss your situation in a free initial consultation.