KANSAS DUI ADMINISTRATIVE LICENSE HEARINGS - WHAT TO EXPECT

If you have been charged with a DUI in Johnson County, or across the state of Kansas, you will be required to attend an administrative license hearing. Your license may be suspending if you fail to attend this hearing. Here is what you should be prepared for:

You should review the following discovery information, in advance of your hearing, or risk not knowing what will be presented at the hearing:

• Law enforcement's certification and notice of suspension;
• The results of any breath or blood tests administered;
• Breath test affidavit;
• Copy of Kansas Department of Health and Environment DUI testing requirement list; and
• Division of Motor Vehicles letter giving you permission to review any video/audio recordings related to your DUI charge.

You must appear, in person, at the hearing. The arresting officer, witnesses, administrative hearing officer (the Kansas Department of Revenue judge) and your attorney may all be present at this hearing. Although this is a hearing, in front of a judge, it is not the same as criminal court trial/hearing. The judge will consider:

• The results of your breath or blood tests;
• The testing instruments reliability and proper administration;
• Rationale for refusal to submit to testing (if applicable);
• Whether or not anyone was injured, or an accident occurred;
• Whether or not you were, or attempting to, operate a motor vehicle; and/or
• Whether or not the officer had reasonable grounds to test.

There are a number of additional topics of discussion, unique to your circumstance, that may be presented during this hearing. The hearing officer cannot, and will not, assist you during this hearing. You will be redirected should you attempt to discuss matters outside the realm of this judge's concern. 

The following evidence may be presented:

• Discovery documents;
• Your testimony;
• Officer's testimony;
• Any witnesses to the incident testimony/affidavit; 
• Documents of your medical condition(s); and/or
• Video/audio recordings applicable to your DUI charge and testing.

In Kansas, your hearing will only be allotted 15 minutes. Unlike the associated DUI criminal case, you will have the burden of proving that there is not cause enough to suspend your license and that your driving privileges should be restored. If you have never been through this process it can be scary and, we suggest that you do not handle it alone. Don't forget, no matter the outcome of the administrative hearing, you must appear in criminal court too. You have questions unique to what happened during your DUI stop. We can answer those for you, fight for your license reinstatement and freedom. Call NOW @ 913.602.7288.