License Suspension Consequences after a DUI in Kansas

When you are arrested for DUI in Kansas, two separate legal processes begin:

1. The criminal case, usually in State or Municipal Court.
2. The Administrative License Hearing, which is a civil procedure that deals only with a potential license suspension.

The two processes run independently of each other, so neither process is impacted by what happens in the other.

You will first need to deal with the DUI arrest and charge, for which you should seek legal advice from a qualified Kansas DUI lawyer. The same lawyer can (and should) represent you at the Administrative License Hearing.

Let’s take a closer look at how license suspensions are applied in various DUI situations and how to mitigate the consequences after a DUI arrest and charge.

In most DUI cases in Kansas, the license suspension process begins after a driver fails or refuses a breath or blood test.

The arresting officer will seize the driver’s license and issue a pink sheet of paper, called the DC-27 Notice of Suspension of License. This informs you of your rights and the timeline to act, while also acting as a temporary license for 30 days, in most cases.

You have 14 days to request an Administrative License Hearing. At this hearing, you or your lawyer presents evidence to challenge the license suspension. The Kansas Department of Revenue will review whether the officer had reasonable grounds to believe you were driving under the influence and other aspects of the case.

If you lose the hearing, which does happen in many cases, the license suspension will be upheld, and a one-year suspension begins. However, requesting and attending a hearing is advisable because important information can be gathered that can help when defending the criminal case.

Once you request a hearing, you will receive a letter from the Kansas Department of Revenue, confirming the request and extending your driving privilege until the hearing date.

The failure to request a hearing will lead to an automatic license suspension. A late or incorrectly formatted request will have the same consequence.

Regardless of the result of the Administrative License Hearing, if you are found guilty of DUI in court or plead guilty before a trial, you will face criminal penalties, which include an automatic license suspension.

The precise penalties will depend on the circumstances of the DUI, the DUI history of the defendant, and other factors. A license suspension is mandatory for all DUI convictions under Kansas law and will run concurrently with any administrative suspension, i.e., at the same time.

So, even if you win the license hearing but are found guilty of DUI in the criminal court, a license suspension may be unavoidable.

That said, because the administrative and criminal penalties run concurrently under Kansas law, it is possible that a short criminal license suspension will have already been served by the driver’s administrative suspension. No further period of license suspension would then be served.

When sentencing, the three main factors that affect the length of a license suspension after a DUI conviction in Kansas are:

1. Whether the driver has prior DUI offenses on their record.
2. The driver’s Blood Alcohol Content (BAC) at the time of the DUI charge (specifically, whether it was above or below .15).
3. Whether the driver refused a breath or blood test.

It’s also important to note that anyone convicted of DUI in Kansas must drive with an Ignition Interlock Device (IID) fitted in their vehicle for an extended period after driving privileges are restored.

The IID is a mini-breathalyzer device that prevents the vehicle from starting if any alcohol is detected on the driver’s breath. The IID program is mandatory and no plea bargaining will change this requirement.

License suspension after a 1^st DUI

For DUI first offenders, the penalties are less severe than for repeat offenders but they are elevated for higher BAC levels or breath test refusals:

• BAC between 0.08 and 0.15: License suspension of 30 days/ IID for 6 months.
• BAC of 0.15 or higher: License suspension of 1 year/ IID for 1 year.

License suspension after a 2^nd DUI

• BAC between 0.08 and 0.15: License suspension of 1 year/ IID for 1 year.
• BAC of 0.15 or higher: License suspension of 1 year/ IID for 2 years.

License suspension after a 3^rd DUI

• BAC between 0.08 and 0.15: License suspension of 1 year/ IID for 2 years.
• BAC of 0.15 or higher: License suspension of 1 year/ IID for 3 years.

License suspension after a 4^th DUI

• BAC between 0.08 and 0.15: License suspension of 1 year/ IID for 3 years.
• BAC of 0.15 or higher: License suspension of 1 year/ IID for 4 years.

License suspension after a 5^th or subsequent DUI

• Regardless of the BAC level or breath test submittal, a conviction for a fifth or subsequent DUI will result in a license suspension of 1 year, and IID installation for 10 years.

Test Refusals

• First time: License suspension of 1 year/ IID for 2 years.
• Second time: License suspension of 1 year/ IID for 3 years.
• Third time: License suspension of 1 year/ IID for 4 years.
• Fourth Time: License suspension of 1 year/ IID for 5 years.

Fifth Time: License suspension of 1 year/ IID for 10 years.

Being arrested for DUI can be alarming, and a conviction can have serious consequences beyond a license suspension, including:

• Possible jail time.
• Fines and fees.
• Attendance at education programs.
• The long-term effects of a criminal record on employment, education, travel, immigration status, etc.

However, an arrest/charge is not the same as a conviction. Many seemingly straightforward DUI cases can be challenged by a seasoned DUI lawyer.

If you’re in the Topeka area and facing DUI charges, speak to a DUI lawyer at Irigonegaray & Revenaugh, during a free case evaluation. We will advise you of your legal options and how best to protect your legal rights and driving privileges.