The Dual Challenges of a DUI in Kansas

Sign that reads, "DUI Driver License Checkpoint."

In Kansas, there are two parts to every DUI arrest. There is a civil or administrative matter before the Kansas Department of Revenue (“KDOR”). The KDOR is the licensing authority in the State of Kansas. It will try to take a person’s driver’s license for thirty days and up to one year for a DUI arrest. A licensee/driver has fourteen days from his or her arrest, assuming he or she is served with the Officer’s Certification and Notice of Suspension (“DC-27”), to request a due process hearing otherwise he or she will be automatically suspended. In almost all cases, not including blood tests, the licensee will be served with that DC-27.

The second part of a DUI arrest is the criminal charges. Those charges are typically brought by city, state or federal agencies in appropriate courts of jurisdiction. The criminal matter is where the government will try to put the driver in jail upon a conviction. The criminal matter can be diverted. That is where the driver advises the court and the prosecutor that he or she accepts responsibility, and if the driver completes certain programs, the matter is dismissed at the end of a certain term (usually one year). The diversion has no impact on the administrative matter. So, a person could enter into a diversion agreement and still lose his or her license pursuant to the administrative matter.

If Hinkle Law Firm LLC can be of service to you or others about a DUI matter or other criminal issues, please contact John Rapp at 316-267-2000.