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Driver’s License Suspension

“Facing a Kansas Driver’s License Suspension? “

If you are facing loss of your driver’s license due to DUI, DWI or an implied consent violation, you need the help of an experienced and aggressive Kansas City driver’s license suspension lawyer.  Kansas DUI and Implied Consent laws have become increasingly complex with every legislative session.  A favorable outcome is dependent upon your lawyer knowing every facit of Kansas’ complicated DUI, DWI and Implied Consent laws.   Contact my DUI defense law firm in Overland Park for a free consultation.

New Administrative Suspension Provisions take effect on July 1, 2012:

First Occurrence: If a law enforcement officer is deemed to have valid “reasonable grounds” to request that you submit to an Intoxilyzer test and you fail the test by providing a sample of breath that tests positive for alcohol at .08% – but less than .15% – the Kansas Department of Revenue will suspend your driver’s license for a 30-days, followed by 180 additional days of driving a vehicle only if said vehicle is equipped with an ignition interlock device. There are exceptions under the newly revised statute which allow for a longer period of ignition interlock restriction on a true first lifetime offense which may apply to your case.

If the driver submitted to, but failed the Intoxilyzer test by providing a sample of breath that tested positive for alcohol at or above .150% driving privileges are suspended for a full year, followed by an additional year of driving a vehicle only if said vehicle is equipped with an ignition interlock device.

If the driver refused to submit to the intoxilyzer test,driving privileges are suspended for a full year, followed by an additional 2 years of driving a vehicle only if said vehicle is equipped with an ignition interlock device.

Second Occurrence: If a law enforcement officer is deemed to have valid “reasonable grounds” to request that you submit to an Intoxilyzer test and you fail the test by providing a sample of breath that tests positive for alcohol at .08% – but less than .15% – the Kansas Department of Revenue will suspend your driver’s license for a full year, followed by an additional year of driving a vehicle only if said vehicle is equipped with an ignition interlock device.

If the driver submitted to, but failed the Intoxilyzer test by providing a sample of breath that tested positive for alcohol at or above .150% driving privileges are suspended for a full year, followed by an additional 2 years of driving a vehicle only if said vehicle is equipped with an ignition interlock device.

If the driver refused to submit to the intoxilyzer test, driving privileges are suspended for a full year, followed by an additional 3 years of driving a vehicle only if said vehicle is equipped with an ignition interlock device.

Third Occurrence: If a law enforcement officer is deemed to have valid “reasonable grounds” to request that you submit to an Intoxilyzer test and you fail the test by providing a sample of breath that tests positive for alcohol at .08% – but less than .15% – the Kansas Department of Revenue will suspend your driver’s license for a full year, followed by an additional 2 years of driving a vehicle only if said vehicle is equipped with an ignition interlock device.

If the driver submitted to, but failed the Intoxilyzer test by providing a sample of breath that tested positive for alcohol at or above .150% – or if the driver refused to submit to the intoxilyzer test – driving privileges are suspended for a full year, followed by an additional 3 years of driving a vehicle only if said vehicle is equipped with an ignition interlock device.

If the driver refused to submit to the intoxilyzer test – driving privileges are suspended for a full year, followed by an additional 4 years of driving a vehicle only if said vehicle is equipped with an ignition interlock device.

Fourth Occurrence: If a law enforcement officer is deemed to have valid “reasonable grounds” to request that you submit to an Intoxilyzer test and you fail the test by providing a sample of breath that tests positive for alcohol at .08% – but less than .15% – the Kansas Department of Revenue will suspend your driver’s license for a full year, followed by an additional 3 years of driving a vehicle only if said vehicle is equipped with an ignition interlock device.

If the driver submitted to, but failed the Intoxilyzer test by providing a sample of breath that tested positive for alcohol at or above .150% driving privileges are suspended for a full year, followed by an additional 4 years of driving a vehicle only if said vehicle is equipped with an ignition interlock device.

If the driver refused to submit to the intoxilyzer test, driving privileges are suspended for a full year, followed by an additional 5 years of driving a vehicle only if said vehicle is equipped with an ignition interlock device.

Fifth or Subsequent Lifetime Occurrence: If a law enforcement officer is deemed to have valid “reasonable grounds” to request that you submit to an Intoxilyzer test and you fail the test by providing a sample of breath that tests positive for alcohol at .08% – or if the person refuses to submit to testing – that person’s driving privileges are suspended for 1 full year followed by an additional 10 years of driving a vehicle only if it is equipped with an ignition interlock device regardless of whether you submitted to or refused the Intoxilyzer test and regardless of whether you provided a sample of breath that tested above or below .150% alcohol.

For more infomration about Driver’s License Suspension in Kansas, watch the video below:

Effective July 1, 2011 – K.S.A. 8-1015 now provides:

(a)(1) Whenever a person’s driving privileges have been suspended for one year as provided in subsection (a), (b) or (c) of K.S.A. 8-1014, and amendments thereto, after 45 days of such suspension, such person may apply to the division for such person’s driving privileges to be restricted for the remainder of the one-year suspension period to driving only a motor vehicle equipped with an ignition interlock device and only for the purposes of getting to and from: Work, school or an alcohol treatment program; and the ignition interlock provider for maintenance and downloading of data from the device.

But, keep in mind that this new law also provides: “If such person is convicted of a violation of the restrictions, such person’s driving privileges shall be suspended for an additional year in addition to any term of restriction as provided in subsection (a), (b) or (c) of K.S.A. 8-1014 and amendments thereto.”

Moreover, Section (g) of K.S.A. 8-1015 now provides relief to driver’s who were subject to suspension with no opportunity for ignition interlock privileges under the 2010 amendment of K.S.A. 8-1014. The new law now provides: “Any person who has had the person’s driving privileges suspended or restricted pursuant to subsection (a), (b) or (c) of K.S.A. 8-1014 prior to the amendments by this act, may apply to the division to have the suspension and restriction penalties modified in conformity with the provisions of subsection (a), (b), or (c) of K.S.A. 8-1014, and amendments thereto.”

In other words, if you are currently serving a term of driver’s license suspension for failure or refusal of a breath test arising from a DUI offense that occurred prior to the effective date of Senate Bill 6, you may apply to the department of revenue for limited driving privileges allowing operation of a vehicle equipped with an ignition interlock device.

Written Request for Hearing

Based on the foregoing, it is absolutely essential to put the Department of Revenue administrative hearing process into effect as soon as possible after a DUI arrest or implied consent violation. The only way to avoid the usual suspension penalties is to apply for a forma Administrative Hearing within fourteen calendar days of the date you get the DUI . Effective July 1, 2011, there is also a non-refundable $50.00 fee that must be submitted with this written request for hearing, or the Department of Revenue will deny the request. That will extend your temporary driving privileges until 30 calendar days after the date of the Administrative Hearing. It is also essential to defeat whatever DUI charges you are facing in connection with your arrest or implied consent violation. This is because the Department of Revenue may issue an Order of Suspension following formal Court Conviction for DUI – regardless of what happens at the Administrative Hearing. Think of it as though the Department of Revenue has 2 chances to suspend your license: once at the Administrative Hearing and again at Court.

It takes an experienced Kansas DUI defense lawyer to help you avoid the problems of a suspended or revoked license and negotiate the maze of Kansas DMV procedures and administrative hearings. Contact my law office in Overland Park at (913) 322-3265 and we can discuss your situation in a free initial consultation.

“Should You Refuse the Intoxilyzer Test? “

 

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