How To Request a DUI Driver License Hearing in Kansas

A DUI arrest in Kansas can put your license at risk before your court case is finished. You might worry about getting to work, handling childcare, or making appointments without help. The main question is simple: How do you request a driver’s license hearing before the deadline?

Below, we explain the hearing process, the deadlines you must meet, and why acting quickly may help protect your driving privileges.

In Kansas, an administrative proceeding about the possible suspension or restriction of your driving privileges is considered a DUI driver’s license hearing. This process is separate from your criminal case and does not decide whether you are guilty or innocent of the original charge.

People call this DUI administrative hearing a “Kansas DMV hearing,” but the Department of Revenue’s Division of Vehicles handles it. If you received paperwork after a failed or refused test, your court date does not protect your license. The administrative deadline is separate.

This difference is important. The criminal case involves court proceedings, negotiations, fines, or jail time. The administrative hearing decides only if the Division can suspend or restrict your license because of the incident.

To request a DUI driver’s license hearing, send a written request to the Division of Vehicles within the required time. Include enough identifying and contact information so the Administrative Hearing Section can process your request.

Your written hearing request should include:

• Your full legal name,
• Your driver’s license number,
• Your date of birth,
• Your current mailing address,
• A phone number where you or your lawyer can be reached,
• A clear statement that you request an administrative hearing,
• Whether you want the certifying officer subpoenaed, and
• Whether you request an in-person hearing instead of a telephone hearing.

Mail your request to the DL Administrative Hearing Section, Kansas Department of Revenue, P.O. Box 2744, Topeka, KS 66601-2744, or fax it to 785-296-0275. Keep proof of mailing or fax, and a full copy of everything you submit.

How Soon Do You Have to Request a Hearing?

You usually have 14 calendar days from the date you receive the officer’s certification to request an administrative hearing. You can mail or fax your written request, but it must follow the timing rules. If the officer’s certification was sent by mail, different timing rules may apply.

If you are unsure when your 14-day period started, check your arrest documents and contact a lawyer as soon as possible. Even being off by one day can cause serious problems.

Are There Any Fees to Pay?

Kansas requires a $50 administrative hearing fee. You must pay this fee by the same deadline as your hearing request. A timely request without the fee may not protect your license. Confirm payment instructions before sending your request and include the fee.

Simply saying, “I want a hearing,” is not enough. You must follow all the required steps before the deadline.

Should You Ask for the Police Officer to Attend?

When you request the hearing, decide if you want the certifying officer to attend. If you plan to challenge any facts in the officer’s certification, ask for the officer to be present to address those points.

If you do not ask for the officer to attend when making your hearing request, you might lose the right to have the officer there. This is important because the officer’s certification can be used as evidence.

Once your request and fee are received, the Division of Vehicles schedules your hearing and notifies you of the time, date, and format. Most hearings are by phone unless you request an in-person hearing.

If you submit a timely hearing request, you may retain your temporary driving privileges while waiting for the hearing, unless another restriction or suspension applies. This approach allows you to drive legally until a decision is made.

Before the hearing, you may receive limited discovery materials, which may include certifications, test results, reports, and relevant video or audio.

A Kansas DUI license suspension hearing has a limited scope. The hearing officer does not decide every issue that may matter in the criminal case.

In a refusal case, the hearing examines whether the officer had reasonable grounds, whether the person was lawfully arrested, whether notices were given, and whether the person refused the test.

For a breath or blood test failure, the hearing may assess grounds, custody or arrest, notices, testing reliability, operator qualifications, procedures, alcohol level, and whether the person was operating a vehicle.

At the hearing, you may challenge whether legal requirements for the suspension have been met and whether the evidence supports the officer’s certification. Preparation is critical because the hearing involves specific legal issues and procedures.

What Evidence Should You Review Before the Hearing?

Before the hearing, review your arrest paperwork, testing documents, timeline, and any video or audio evidence. Small details can be important because the hearing covers only specific issues.

Important materials may include:

• The officer’s certification and notice of suspension;
• Breath, blood, or refusal paperwork;
• Testing machine and operator certification records;
• KDHE testing protocol materials when relevant;
• Patrol car, body camera, or station video;
• Law enforcement reports;
• Witness information; and
• Notes about the stop, arrest, testing request, and timeline.

This review helps you determine if you can challenge the action and helps your lawyer coordinate strategies.

The administrative hearing affects your license. The criminal case affects your DUI charge. Both matter, but they are separate processes.

In Shawnee County, DUI charges may involve required appearances, diversion, post-conviction evaluations, and avoiding missed appearances. The license hearing does not replace court duties.

Going to court does not automatically request a license hearing. To challenge the license suspension, you must make a separate request on time.

After the hearing, the administrative hearing officer can dismiss the case, confirm the suspension, or suspend and restrict your license. If the suspension is confirmed, it usually starts when the order takes effect.

If you lose the hearing, you may request further review by filing a petition in the state district court by the deadline. This process has its own rules, so talk to an attorney right away.

If you do not submit a timely request for a hearing and the required fee, the suspension generally takes effect as stated in the notice.

At Irigonegaray & Revenaugh, we help you meet deadlines, prepare requests, review law enforcement certifications, decide if a subpoena is necessary, and plan your defense.  Our Topeka firm provides clear guidance, practical advice, and proven defense strategies for Kansans facing DUI and criminal charges. We can help you act quickly, avoid errors, and understand each step before making pressure-filled decisions. 

Contact our Kansas DUI Defense Lawyer for a consultation today.