DMV Hearings in Overland Park
Do You Need Assistance after a DUI in Kansas?
Before you receive a DMV hearing regarding a license suspension, it's important to understand the facts about DUI that will influence your case. Kansas law states that it is unlawful for an individual to operate or be in control of a motor vehicle while they are under the influence of drugs or alcohol, and with a blood level alcohol content of .08% or more.
Possible Penalties for DUI
If you are stopped on a traffic charge, and the officer believes that you have been driving under the influence of alcohol, you will be arrested immediately, and your drivers license may be confiscated.
- If you submitted to a breath test and are over the age of 21, with a first time DUI, your license will be suspended in one of of the following manners:
- With a BAC test result of 0.08 to 0.149, inclusive, you will face a 30 day suspension followed by a period of ignition interlock driving restrictions ranging from 6 months to 12 months (depending upon your driving record) on a 1st "occurrence" (as defined in K.S.A. 8-1013).
- For a BAC of 0.15, or greater, the driver faces a one year suspension followed by one year of ignition interlock driving restrictions (on a 1st occurrence).
- For a 2nd occurrence breath test failure, the suspension is one year followed by one year of ignition interlock driving restrictions (for a BAC of 0.08 through 0.149); or, for a BAC of 0.150, or greater, the suspension is one year followed by two years of ignition interlock driving restrictions.
- For a 3rd occurrence breath test failure, the suspension time is one year followed by two years of ignition interlock driving restrictions (if the BAC is 0.08 through 0.149), or, for a BAC of 0.150, or greater, the suspension is for one year followed by three years of ignition interlock driving restrictions.
- For a 4th occurrence breath test failure, the suspension is for one year followed by three years of ignition interlock driving restrictions (if the BAC is 0.08 through 0.149), or, one year suspension followed by four years of ignition interlock driving restrictions (if the BAC is 0.150, or greater).
- For a 5th occurrence breath test failure, the suspension is for one year followed by ten years of ignition interlock driving restrictions for any BAC test result of 0.08, or greater.
If you refused the field sobriety test and this is your first offense, your license will be suspended for one year followed by one year of ignition interlock driving restrictions. From there, the suspension remains one year, but the restriction period is increased by one year for each occurrence through the fourth occurrence, with the restriction period on the fifth occurrence being a 10 years ignition interlock.
Contact an Overland Park DUI Attorney Right Away
If you have been arrested for a DUI, in Kansas, you have only 14 calendar days from the date of your arrest to request a hearing with the Kansas DMV if you wish to keep your driving privileges. It is also crucial to employ the services of an Overland Park DUI attorney who is experienced in defending Kansas DMV hearings - such as myself.
In the past, both the court and the DMV could order a license suspension. Now only the DMV can order a drivers license suspension, either because of an unsuccessful DMV hearing or a criminal conviction.
DMV (Kansas Department of Revenue - Division of Vehicles) hearings are held at the nearest office to the DUI arrest. A DMV employee will act as both the prosecutor and the judge. Since this area of the law is administrative law (more like civil law rather than criminal law), the rule of strict construction, or "black letter law" applies. If the statute requires an act, or certain procedure, then the hearing may turn on whether such act, or procedure, was followed by the law enforcement officer.
As your attorney, I have fully understand the procedural law required to successfully defend my clients at such an administrative hearing. The issues at these hearings can be very complicated. Only an attorney with vast DUI representation experience, such as myself, can have a chance at defeating the license suspension at the KDR administrative license suspension hearing (which is totally separate from the criminal DUI matter).
Commonly Asked Questions
Have questions? We are here to help. Still have questions or can't find the answer you need? Give us a call at 913-648-3360 today!
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Because it is illegal, under Kansas law, to plea bargain a DUI charge, the plea options, in a Kansas DUI matter, are usually limited to the following:
- Take the matter to Trial
- Consider diversion (if the person is eligible for diversion)
- Consider a plea of guilty, or no contest, to the DUI charge (if no better option is available) with negotiated plea minimums and, possible, dismissal of non-DUI charges that may be accompanying the DUI charge
A 4th alternative may be having the DUI charge dismissed IF the defense can show the prosecution that there is insufficient evidence to support a conviction to the charge - however, only an experienced attorney can understand the complexities of a DUI case, and conduct the relevant discovery (reports, lab results, video/audio recordings, and witness statements) needed to show the prosecution the true weaknesses to their prosecution case. I believe that every client deserves to have the best result possible under the circumstances of their case. I educate my clients on the relevant law regarding their factual circumstances so that my client can make the best decision possible regarding the outcome of their case.
- To receive clear cut answers to your questions on DUI charges, contact an Overland Park DUI lawyer from my firm.
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My name is Steve Neighbors, and I've successfully practiced law for 30 years. I have purposefully narrowed the scope of my practice to concentrate on DUI defense and in my experience, it is only through aggressive, and thorough, defense work, in opposition to the prosecution of DUI charges, that my client will obtain the best outcome possible. Your freedoms and rights are at stake; and, with a knowledgeable attorney working for you, there are many times when your charges can either be reduced, or dismissed (for insufficient evidence to convict) - which could result in the penalties you face being diminished.
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That depends upon the exact DUI offense you have been charged with, the severity of the crime and your prior DUI history. Commonly, DUI offenses are penalized by fines, community service, driver's license suspension, a jail sentence and possible impoundment of your vehicle. In addition, you will have to attend an alcohol awareness program. In some cases, an ignition interlock device will be installed in your car.
For more serious charges such as multiple DUI, felony DUI or vehicular manslaughter the penalties increase substantially.
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Steve, Thanks for all your help and advice last year! This year, I promise to be good. If not, I will be in contact with you!
“Steve, Thanks for all your help and advice last year! This year, I promise to be good. If not, I will be in contact with you!”- Rene O. -
If ever anyone comes to me needing a referral, I would give them your name instantly with rave reviews. Again, thank you for everything!
“If ever anyone comes to me needing a referral, I would give them your name instantly with rave reviews. Again, thank you for everything!”- B.R. -
His prices are fair but more importantly, he gets the job done and keeps me in the loop.
“His prices are fair but more importantly, he gets the job done and keeps me in the loop.”- A.C.
Call (913) 648-3360 for a Free Consultation
My name is Steve Neighbors and at Neighbors Law Office, I fully understand the law pertaining to DUI as I work with these cases every day. I will use my knowledge and 30 years of law practice experience to ensure the best possible outcome for your case and assist you in challenging the suspension of your license at a DMV hearing. If you select me to be your attorney, I promise to keep you informed as to the status of your matter, and to do my very best to achieve the best-possible outcome on your DMV hearing.
Contact an Overland Park DUI Attorney today to help avoid license suspension if you've been charged with DUI.
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