Will My License Be Suspended After a DUI?
Facing a DUI charge in Kansas carries serious consequences, including the potential suspension of your driver’s license. There are four main ways in which you can lose your driver’s license due to a DUI charge:
1. Failure to Request Your Administrative Hearing
When you're arrested for a DUI, the officer issues you a DC-27 Notice of Suspension of License, which informs you of your rights and the timeline to act. This document is crucial because if you don’t request an administrative hearing with the Kansas Department of Revenue within 14 days of receiving the DC-27 form, your driver’s license will be automatically suspended.
Key Point: It’s essential to read the DC-27 carefully and act quickly. Failing to request a hearing means you’ll lose your license by default, regardless of the circumstances of your case.
2. Losing Your Administrative Hearing
If you do request your administrative hearing within the 14-day window, your next challenge is to prevail at the hearing. At the hearing, the Kansas Department of Revenue will review whether the officer had reasonable grounds to believe you were driving under the influence. If you lose the hearing, your license will be suspended.
Key Point: Even with legal representation, there's a chance you may lose at the hearing, resulting in the suspension of your driving privileges.
3. Being Found Guilty or Pleading Guilty to a DUI in Criminal Court
Even if you win your administrative hearing and avoid an immediate suspension, being found guilty or pleading guilty to the DUI charge in criminal court will still result in an automatic license suspension. Kansas law requires this penalty as part of the DUI conviction.
Key Point: Avoiding suspension through the administrative process doesn't guarantee that your license won't be suspended if you are convicted or plead guilty in a criminal case.
4. Failing to Appear in Court
If you fail to appear in court for your DUI charge, this can lead to an administrative suspension of your license, as well as a warrant for your arrest. Missing a court date is considered failure to comply, which triggers these consequences even before a verdict is reached.
Key Point: Failing to appear in court for your DUI hearing can have severe consequences, including an automatic license suspension and a warrant for your arrest.
Rare Exception: Dismissal Due to Officer Error
In rare cases, the Kansas Department of Revenue may find a fatal error on the DC-27 form submitted by the arresting officer. If such a mistake is identified, the administrative case against you could be dismissed, and your license returned. However, this is an uncommon outcome, and you should not rely on this possibility.
Key Point: While a technical mistake could lead to the dismissal of the administrative suspension, this is rare and should not be considered a common defense strategy.
How Long Will My License Be Suspended After a DUI?
If your license is suspended due to a DUI, the length of the suspension will depend on three key factors:
The number of prior DUI offenses
Your Blood Alcohol Content (BAC) at the time of the offense
Whether you refused the evidentiary breath test
Here’s a breakdown of license suspensions and ignition interlock device (IID) requirements based on these factors:
For First-Time DUI Offenders
BAC between 0.08 and 0.15: License suspended for 30 days and IID required for 6 months.
BAC of 0.15 or higher: License suspended for 1 year and IID required for 1 year.
Refusal of Breath Test: License suspended for 1 year and IID required for 2 years.
For Second-Time DUI Offenders
BAC between 0.08 and 0.15: License suspended for 1 year and IID required for 1 year.
BAC of 0.15 or higher: License suspended for 1 year and IID required for 2 years.
Refusal of Breath Test: License suspended for 1 year and IID required for 3 years.
For Third-Time DUI Offenders
BAC between 0.08 and 0.15: License suspended for 1 year and IID required for 2 years.
BAC of 0.15 or higher: License suspended for 1 year and IID required for 3 years.
Refusal of Breath Test: License suspended for 1 year and IID required for 4 years.
For Fourth-Time DUI Offenders
BAC between 0.08 and 0.15: License suspended for 1 year and IID required for 3 years.
BAC of 0.15 or higher: License suspended for 1 year and IID required for 4 years.
Refusal of Breath Test: License suspended for 1 year and IID required for 5 years.
For Fifth-Time or Higher DUI Offenders
Regardless of BAC or whether you submitted to the test, if you are convicted of a fifth DUI or higher, your license will be suspended for 1 year, and you will be required to install an IID for 10 years.
Conclusion: Steps to Protect Your License After a DUI
A DUI conviction in Kansas can result in a suspended license and significant penalties. It's important to act quickly and understand your rights to potentially avoid or minimize the length of the suspension. Here’s what you should do:
Read the DC-27 form carefully after your arrest.
Request an administrative hearing within 14 days.
Attend all court dates to avoid a default suspension and arrest warrant.
Work with an experienced DUI attorney to increase your chances of a favorable outcome in both the administrative and criminal proceedings.
Remember, even if you avoid suspension in the administrative hearing, a criminal conviction will still result in penalties, including license suspension and IID requirements. Navigating these complex processes with the help of a skilled attorney can make a significant difference in the outcome of your case.