KS & MO Administrative License Hearing
Nobody ever anticipates or expects to have their driving privileges compromised. Getting your license suspended or driving privileges revoked not only affects your driving record, but can inconvenience your day-to-day rhythms of life. Simple tasks like buying groceries, getting to or from your job or taking your kids to school can become a nightmare if you’re not prepared for it.
There are many reasons why the Department of Revenue may try to suspend or revoke your driving privileges. One reason is if you get arrested and charged with DUI in Kansas or DWI in Missouri. If this happens the arresting officer will:
- Seize your driver’s license
- Give you a form that explains that your license will be automatically suspended if you do not request an administrative hearing, and what steps you need to take to timely make the request.
What You Can Expect in Missouri and Kansas
When someone is arrested for DUI in KS or DWI in MO the individual is subject to 2 legal proceedings:
1. Criminal case – if the person is convicted of DUI/DWI he or she may serve a jail/prison sentence or be placed on probation.
2. Administrative license hearing – a civil proceeding where either the KS or MO Department of Revenue has a proceeding to suspend or revoke the individuals driving privileges for a period of time because he or she was arrested for DUI or DWI.
Kansas Administrative Hearing
At the time of being arrested and charged with DUI in Kansas, the officer should give you a pink piece of paper titled “Officer’s Certification and Notice of Suspension,” or Form DC-27, which serves as your temporary license for 30 days.
After receiving Form DC-27, you must request an administrative hearing within 14 days of your arrest and pay a nonrefundable hearing fee. If you do not timely make this request, you will forfeit your right to an administrative hearing and your license will be suspended. In addition, if your request is not in the proper format, does not include the required information and nonrefundable hearing fee as explained on the DC-27 — your license will be suspended.
Upon receiving your fee and timely written hearing request, the Kansas Department of Revenue will schedule your hearing (by phone or request to have it in person), and mail to you a notice with the time, date and place of the hearing. Any temporary driving privileges granted on the DC-27 will be extended until a final determination regarding your driving privileges is made.
At the end of the hearing, the hearing officer will either affirm the order of suspension or dismiss it. If the suspension is affirmed, you will be required to install an ignition interlock device on your vehicle after you complete the term of suspension.
The period of suspension is typically for one year. After the suspension period is completed, then you must install an ignition interlock device on your vehicle. The amount of time you are required to have an ignition interlock device installed on your vehicle is based on the following factors:
1. Was your case a test failure (a completed test result of .08 or greater) or a test refusal?
2. Was the result of your breath test or blood test above or below .15?
3. Have you previously refused or failed a test, or had an alcohol or drug related conviction for DUI or DWI?
If your license is suspended for a year, you may be able to apply for a restricted license, which will allow you to drive with an ignition interlock device either after 45 days for a test failure, or 90 days for a test refusal. The restricted privileges will permit you to drive only to and from work, school or an alcohol treatment program; as well as to and from the ignition interlock provider for maintenance and downloading of data.
Missouri Administrative Hearing
In Missouri, if you are arrested for DWI, you have 15 days from the date the “Notice of Suspension/Revocation of Driving Privilege” or Form 2385 is issued to you to request a hearing.
The Form 2385 serves as your temporary license for 15 days, and if you do not request a hearing within the 15-day period, your license will be automatically suspended or revoked, and an “administrative alcohol suspension” will be recorded on your driving record.
If you are arrested for DWI, the type hearing that you must request depends on if you submit to a breath test, or some other type of chemical test, and the result is over the legal limit of .08% OR you refuse to take one of these tests if asked by the arresting officer.
If you submit to a test, and the result is over the legal limit of .08%, you (or your defense attorney) must request an administrative hearing within 15 days of the Form 2385 being issued to you. If the request is timely, the Missouri Department of Revenue will schedule your hearing (in-person or by telephone as requested), and mail you a notice with the date and time of the hearing. Any temporary driving privileges granted on the Form 2385 will be extended until a final determination regarding your driving privileges is made.
At the end of the hearing, the hearing officer will either affirm the order of suspension, or dismiss it. If the suspension is affirmed, your driving privilege will be suspended or revoked based on your driving record for the past five years. If you have been convicted or suspended during the past five years for an alcohol or drug related traffic offense, your driving privilege is revoked for one year. If not, a 90-day suspension is imposed.
There are two different ways to serve your suspension if a 90-day suspension is imposed:
Option 1: A 90-day interlock restricted driving privilege with an ignition interlock device. The interlock restricted privilege is for the limited purpose of driving in connection with employment, education, medical treatment, alcohol or drug treatment, ignition interlock provider, court obligations, religious services, child care, court ordered visitation and custodial obligations, and fueling and grocery requirements.
Option 2: A 30-day suspension, followed by 60-day restricted driving privilege. The 60-day restricted privilege is only for the limited purpose of driving in connection with employment, education, alcohol treatment, or ignition interlock provider.
For reinstatement after serving your 90-day suspension, or one-year revocation, you must have the following on file with the Driver’s License Bureau:
1. Substance Abuse Traffic Offender Program (SATOP) completion form, or comparable program form.
2. A reinstatement fee of $45.
3. Proof of financial responsibility commonly filed as an SR-22.
4. Proof of installation of an approved ignition interlock device only if you have a prior alcohol-related offense.
Refusing to submit to a breath test, or some other type of chemical tests, will cause your driving privileges to be revoked for one year, 15 days from the date of the notice, unless you or your attorney file the “Petition for Review” document and obtain a stay order. This allows you to drive legally while you and your attorney fight for your license. The Petition for Review must be filed in the circuit court of the Missouri county of your arrest, and must be filed within 30 days of your arrest. If you delay, you will lose your license on the 16th day until you or your attorney file your Petition for Review and obtain a stay order (up to the 30th day).
If your Petition for Review is not filed within 30 days of your arrest, your right to a hearing is waived. If the court overturns the arrest, the revocation is cancelled, and your license is returned to you. But, if the court upholds the arrest, you will serve any remaining time for the original revocation. After the first 90 days of the revocation period, you may be eligible for a limited driving privilege.
For reinstatement after serving your one-year revocation you must have the following on file with the Driver’s License Bureau:
- Substance Abuse Traffic Offender Program (SATOP) completion form, or comparable program form.
- A reinstatement fee of $45.
- Proof of financial responsibility commonly filed as an SR-22.
- Proof of installation of an approved ignition interlock device only if you have a prior alcohol-related offense.
A Criminal Defense Attorney to Fight For Your Case
Fighting a license suspension as a result of a DWI/DUI conviction can be tough to do. But, with an experienced criminal defense attorney working on your case, you don’t have to do it alone. Kitchin Law Firm knows what it takes to fight for your rights and help keep your record clean.
If you’re ready to take that next step to protect your driving privileges, contact Kitchin Law Firm and schedule a free consultation today.