Protecting your license after a DUI arrest
Arrested for DUI? Worried about your Driver’s License? There are actions that must be taken right away to protect your privilege to drive.
In most states a DUI arrest results in two parallel actions: One by the criminal action and one by the Kansas Department of Revenue or its equivalent that issues Driver’s licenses. The Driver’s license issuer may seek to suspend or revoke your license. In most cases you have the right to a hearing to appeal this action, but you must request such a hearing often in a very short period of time. In Kansas, you have 14 days (this is not business days). If you miss this window your Driver’s license is automatically revoked and your reinstatement requirements will vary depending on your suspension. You can find out more about reinstatement, here.
Be sure that you request such a hearing, or have your attorney do so, before the deadline passes. Additionally, rules of evidence and procedure in an administrative are different due to the administrative code. If you’ve been arrested for a DUI and are worried about your Driver’s license here are three tips:
1. As soon as you are released from jail or law enforcement, follow the instructions on the forms provided to you. You should make a written request for a hearing within 14 days of your arrest.
2. Be prepared to be present for the hearing to argue for driving privileges.
3. Hire an attorney. While you have the right to receive a court appointed attorney for your DUI case, you do not have to be provided one for your administrative hearing regarding your license.
If you have any questions about what to do to protect your license after a DUI arrest or have other legal needs, feel free to contact me.
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