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, 2010, 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 additional days of restricted driving privileges (to and from work, school, and mandatory attendance at an alcohol treatment program only). 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 followed by an additionl year driving a vehicle only if it is equipped with an ignition interlock device. SEE BELOW - K.S.A. 8-1567(4) - EFFECTIVE JULY 1, 2010.
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, followed by an additional 1 year of driving a vehicle only if it is equipped with an ignition interlock device.
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, followed by an additional year of driving a vehicle only if it is equipped with an ignition interlock device.
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.
Effective July 1, 2010 - K.S.A. 8-1014 (4) now provides:
"Whenever a person's driving privileges have been suspended for on year on the second occurrence of an alcohol or drug related conviction in this state as provided in subsection (b)(1) (Second Offense, Test Failure greater than .08%, but less than .15%), after 45 days of such suspension, such person may apply to the division for such person's driving privileges to be restricted for the remainder of the one year period to driving only a motor vehicle equipped with an ignition interlock and only for the purpose of getting to and from work, school, or an alcohol treatment program, or to go to the ignition interlock provider for maintenance and downloading of data from the device. If such person violates the restrictions, such person's driving privileges shall be suspended for an additional year in addition to any term of restriction as provided in subsection (b)(1)."
Please note that the foregoing section applies ONLY to drivers facing a second alcohol related driving occurrence - first time offenders are not included. I cannot begin to imagine how or why the Kansas Legislature decided to allow a driver to have what amounts ot a "Hardship License" for a second offense DUI, but did not make a similar concession for a driver facing only their first offense DUI. This section - though of great benefit to second offense DUI drivers - is just one example of how counter-intuitive and sometimes downright illogical the legislature can be.
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 fourteen calendar days of the date you get the DUI . 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.
