The
second, and not as commonly known, is an administrative driver’s
license proceeding which may result in the restriction or suspension of
your driving privileges. This case begins when the officer hands the
driver the DC-27 form, or ’pink sheet’. The driver’s license
matter and your right to contest the suspension/revocation is time
sensitive, thus, it is very important that you consider contacting an
attorney immediately regarding the matter. Once
served the ’pink sheet’, you have ten (10) days to request a
hearing regarding the status of your license as a result of the alleged
DUI. If the hearing is not requested within
the ten days, your license will be restricted, suspended or both
according to statutory provisions at the conclusion of the 30 day after
you were served the pink sheet.
The
administrative, or driver’s license, penalties vary depending upon
whether you refused a test, were over the age of 21 and/or blew over
.08 when tested. If the driver was under 21
at the time and either refused a test or failed the test then driving
privileges will be suspended for a period of one year.
In
Kansas, driving under the influence of alcohol, first offense, is a
class B misdemeanor, a second offense is a class A misdemeanor; and
third, fourth and subsequent offenses are felonies. Kansas law provides that your lifetime record will be reviewed to determine what offense number the current offense is. A person’s entire history is reviewed and any convictions or diversions for DUI which will count toward the offense number.
For
a first offense DUI conviction, the punishment is a fine of no less
than $500.00 but less than $1,000.00, a jail sentence between 2 days
and 6 months or an alternative of 100 hours of community service;
completion of an evaluation and alcohol and drug information school. With
respect to the administrative hearing results for a first offense, a
person’s privilege to drive is subject to suspension for 30 days and
then restriction for 330 days. A diversion
may be an option, depending upon the circumstances of the underlying
event and the policy of the prosecuting attorney’s office.
If
you were involved in an accident and as a result determined to be DUI,
then prosecutors are prohibited from granting a diversion. The
terms of the diversion, which is a contract between the driver and the
prosecutor’s office, are set by the prosecutor and also vary by
jurisdiction. Typical terms to expect are
diversion fees, alcohol and drug information school, court costs,
community service hours and other terms as may be required by the
prosecutor’s office. If the defendant
performs the terms of the diversion placed upon him by the contract,
then at the end of the term specified the charge(s) will be dismissed. However,
as noted above, even a diversion for a DUI will be placed on your
driving record and remain there to be used in the future event of
additional DUI charges.
A second offense DUI is a class A misdemeanor subject to a mandatory minimum fine of $1,000.00 with a possibility of $1500.00, a mandatory jail sentence of 5 days with the maximum sentence being one (1) year.
Driving privileges may be suspended for one year followed by an additional year of restricted driving privileges. The
restriction in this instance will include an interlock device which
requires to ’blow’ a clean breath sample before the vehicle will
move.
A
third offense DUI conviction, a non person felony, will result in a
mandatory minimum fine of $1500.00 with a possible maximum of $2500.00;
a mandatory jail sentence between 90 days and one (1) year will be
imposed. House arrest and work release are available to the court as options to utilize.
Driving privileges will be suspended for one year and restricted for an additional year thereafter. Again
the restriction will involve the use of an interlock device to require
a breathe sample before the automobile will operate.
Fourth
and subsequent convictions carry a mandatory minimum fine of no less
than $1500.00 with the maximum of $2500.00; a mandatory jail sentence
of no less than 90 days up to one year (house arrest and work release
are options the court may consider). Upon
release from the served jail sentence, the defendant is supervised by
the Kansas Parole Board and must, at a minimum, complete an intensive
outpatient program.
Driving privileges are suspended for one year and restricted for an additional year. The restriction once again utilizes an ignition interlock device to be equipped on the defendant’s vehicle.
With
each of the offense levels, an alcohol evaluation and corresponding
treatment or school will be required as part of any probation or parole
which is granted. Also, with each of these
offense levels, keep in mind, the driver’s license suspension and
restrictions are imposed by the Division of Motor Vehicles after
receiving a copy of the order of conviction sent to them by the court,
so the court has no authority to modify the suspension and restriction.
With every DUI situation a variety of options and issues potentially exist that can and need to be explored. There are specific notice requirements that must be complied with before the administrative penalties can be imposed. There are even additional requirements which vary if the driver is under age 21. There
are specific requirements that must exist such as a reasonable
suspicion to stop your vehicle in the first place, which can/may have
an effect on the outcome of the criminal trial. Thus, contacting an attorney as soon as possible is very important in cases involving an alleged DUI.