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Leawood DUI Lawyers

  1. Green, Charles: A person can be charged with DUI when they are found driving with .08 BAC (Blood Alcohol Content) or otherwise demonstrate being impaired in their driving due to drugs or alcohol. DUI penalties a person may face include jail, losing a driver's license, paying stiff fines and even having a car impounded. It is important to contact a DUI lawyer in Kansas City to find out what to do first to protect oneself and obtain strong and effective criminal defense of charges.
  2. Accurso & Lett Law: If you have recently been arrested for driving while intoxicated or driving under the influence you are certainly experiencing a lot of uncertainties. D.W.I and D.U.I. arrests may have long-lasting consequences to your life, liberty, driving privileges, and employment. One night of unfortunate circumstance can certainly end up costing you in the long run. Put the experience of a lawyer to work for you that has represented hundreds upon hundreds of individuals facing the same problems and experiencing the same concerns as you. Right now you are worried first and foremost whether or not you are going back to jail. You are scared that you might receive a criminal conviction scarring you for life. You are uncertain if you lose your driving privileges of how you will make it back and forth to work, or at least to the grocery store. Having an experienced lawyer that is skilled, knowledgeable, and aggressive can minimize the impact that this arrest has on your future.
  3. Mathews Group: 24 Hours - 7 Days a Week A Criminal Defense consultaion, like any other in our office, is always free. If you have questions about a pending legal matter, please contact us at once to discuss the issue and to determine your rights and responsibilities. Our Criminal Defense attorneys are happy to discuss your legal matter with you, whether you decide to have us represent you or not. AND, we take phone calls and appointments at night and on weekends. Don't wait until Monday morning to find out what's going to happen to you. You Have the Right to Remain Silent - USE IT! If you've been arrested or questioned in connection with a crime, DON'T TALK ABOUT IT TO ANYONE except your lawyer. Even if you believe that the investigation is not about you, don't speak to anyone without talking to your lawyer first. The Mathews Group, LC has attorneys available 24 hours a day, 7 days a week. Simply call our toll-free, 24 Hour Hotline, (877) 88 KC Law, to get IMMEDIATE assistance from an attorney. DWI/DUI These are the general guidelines for DWI / DUI Offenses in Missouri. They are subject to change at any time. None of the information on this page is meant to substitute for a consultation with an attorney. While we strive to offer the most up to date information on these pages, we cannot make guarantees as to its accuracy. 1. First conviction for excessive blood alcohol content (BAC) - 8 points 2. First conviction for driving while intoxicated (DWI) or driving under the influence of drugs (DUID) - 8 points 3. Second or subsequent conviction for DWI, DUID or BAC - 12 points 4. Commercial motor vehicle .04% - 2 points A first-time DWI or BAC conviction results in a 30-day suspension. After the 30-day suspension, the driver may receive a 60-day restricted driving privilege. The driver is eligible for full reinstatement after 90 days if all reinstatement requirements are met. A person convicted of operating a commercial motor vehicle while his or her alcohol content is .04% will be assessed 2 points and disqualified from driving a commercial motor vehicle for one year. Multiple Convictions A driver convicted of a second alcohol offense, regardless of the length of time between convictions, is revoked for a period of one year. A driver convicted of driving while intoxicated for the second time in a five-year period also receives a five-year license denial. A 10-year license denial is imposed against any individual convicted three or more times for driving while intoxicated, excessive blood alcohol content (BAC) or a combination of the two. After ten years, the privilege to drive can be restored only by court order. Reinstatement A person whose driving privilege is suspended or revoked may have his or her driving privilege reinstated after the suspension or revocation period is served if all requirements are filed with the Department of Revenue. If a driver does not satisfy the reinstatement requirements, the driving privilege remains suspended or revoked. Anyone suspended or revoked for points assessed as a result of an alcohol-related conviction must meet the following reinstatement requirements: 1. Pay a $45 reinstatement fee. 2. File and maintain proof of financial responsibility for two years from the suspension or revocation date. 3. Provide proof of successful completion of a Substance Abuse Traffic Offender Program (SATOP) or comparable program. The Division of Alcohol and Drug Abuse will send this form directly to the department after the program has been completed. Any questions regarding SATOP comparable programs should be directed to a certified SATOP Offender Management Unit or the Division of Alcohol and Drug Abuse at (573) 522-4020. Any driver revoked for at least one year is also required to take and pass the complete driver examination and apply for a new license at proper fee Missouri Felony Imprisonment Guidelines (Call us to discuss your specific case, as well as Kansas and Federal Guidelines) (1) For a class A felony, a term of years not less than ten years and not to exceed thirty years, or life imprisonment; (2) For a class B felony, a term of years not less than five years and not to exceed fifteen years; (3) For a class C felony, a term of years not to exceed seven years; (4) For a class D felony, a term of years not to exceed four years; (5) For a class A misdemeanor, a term not to exceed one year; (6) For a class B misdemeanor, a term not to exceed six months; (7) For a class C misdemeanor, a term not to exceed fifteen days. 2. In cases of class C and D felonies, the court shall have discretion to imprison for a special term not to exceed one year in the county jail or other authorized penal institution, and the place of confinement shall be fixed by the court. If the court imposes a sentence of imprisonment for a term longer than one year upon a person convicted of a class C or D felony, it shall commit the person to the custody of the department of corrections for a term of years not less than two years and not exceeding the maximum authorized terms provided in subdivisions (3) and (4) of subsection 1 of this section. 3. (1) When a regular sentence of imprisonment for a felony is imposed, the court shall commit the person to the custody of the department of corrections for the term imposed under section 557.036, RSMo, or until released under procedures established elsewhere by law. (2) A sentence of imprisonment for a misdemeanor shall be for a definite term and the court shall commit the person to the county jail or other authorized penal institution for the term of his or her sentence or until released under procedure established elsewhere by law. 4. (1) A sentence of imprisonment for a term of years for felonies other than dangerous felonies as defined in section 556.061, RSMo, and other than sentences of imprisonment which involve the individual's fourth or subsequent remand to the department of corrections shall consist of a prison term and a conditional release term. The conditional release term of any term imposed under section 557.036, RSMo, shall be: (a) One-third for terms of nine years or less; (b) Three years for terms between nine and fifteen years; (c) Five years for terms more than fifteen years; and the prison term shall be the remainder of such term. The prison term may be extended by the board of probation and parole pursuant to subsection 5 of this section. (2) "Conditional release" means the conditional discharge of an offender by the board of probation and parole, subject to conditions of release that the board deems reasonable to assist the offender to lead a law-abiding life, and subject to the supervision under the state board of probation and parole. The conditions of release shall include avoidance by the offender of any other crime, federal or state, and other conditions that the board in its discretion deems reasonably necessary to assist the releasee in avoiding further violation of the law. 5. The date of conditional release from the prison term may be extended up to a maximum of the entire sentence of imprisonment by the board of probation and parole. The director of any division of the department of corrections except the board of probation and parole may file with the board of probation and parole a petition to extend the conditional release date when an offender fails to follow the rules and regulations of the division or commits an act in violation of such rules. Within ten working days of receipt of the petition to extend the conditional release date, the board of probation and parole shall convene a hearing on the petition. The offender shall be present and may call witnesses in his or her behalf and cross-examine witnesses appearing against the offender. The hearing shall be conducted as provided in section 217.670, RSMo. If the violation occurs in close proximity to the conditional release date, the conditional release may be held for a maximum of fifteen working days to permit necessary time for the division director to file a petition for an extension with the board and for the board to conduct a hearing, provided some affirmative manifestation of an intent to extend the conditional release has occurred prior to the conditional release date. If at the end of a fifteen-working-day period a board decision has not been reached, the offender shall be released conditionally. The decision of the board shall be final.
  4. Stuart, Heath: Common Misunderstandings and Mistakes When Charged with DUI/DWI The name of the crime may change from state-to-state but the seriousness of the crime remains the same. Driving Under the Influence or Driving While Intoxicated are serious criminal charges that will impact your life immediately, and if you are charged in the future with DUI/DWI, your first charge can come back to haunt you. First it is important to understand what the definition of "drunk" or "impaired" is and how law enforcement arrives at that determination. BAC, blood alcohol content, is the concentration of alcohol in the blood. BAC is scientifically measured by calculating the ratio of ethanol to blood within your system. Therefore, if you have a BAC of .15, you have .15 grams of ethanol per 210 liters of breath, which equals .15 grams of ethanol per 100 milliliters of blood. Most states have adopted or enacted laws that state any concentration of 0.08% or more is legally impaired or drunk. Are you ready for a surprise? You do not HAVE to have a BAC of 0.08% to be declared impaired in most states. Many people believe that hard liquor or spirits will "get you drunker" than only drinking beer or wine. Without a long explanation of "proof" and "alcohol content" that is found on every alcohol container, there is a simple way to understand why this belief is wrong. One beer is roughly equal to one glass of wine, and both are about equal to one shot of hard liquor (about 1 ½ ounces). So, one 12 ounce light beer has about the same amount of alcohol as one glass of cabernet and one rum and coke. There are other factors that do play into this, such as the size of the drink and the size of the person drinking. Making the decision to drive after drinking is not wise but many people do and when they are pulled over by the police, the law enforcement officer will follow a set procedure to determine whether to charge the driver with DUI/DWI. If the officer has reason to believe you are impaired, he will conduct a field sobriety test. Three field sobriety tests are approved by the National Highway Traffic Safety Administration (NHTSA). These are the ones most commonly used by law enforcement officers. First is the Horizontal Gaze Nystagmus which is given using a pen or some other stimulus. You will be asked to follow it with your eyes. This test is highly unreliable. Generally, the officer will then administer the Walk and Turn. This test is not very accurate. You will be asked to walk a line with your arms at your sides. You will be critically graded on a number of factors. Two mistakes or "clues" is graded a failure. Usually the final field sobriety test is the one-legged stand. The officer will direct you stand on one leg with your arms at your sides and count to thirty. Again the officer is looking for mistakes or "clues" so that you will fail this test as well. The next hurdle the officer will present you with is the preliminary breath test or PBT. This is a hand-held device that measures the alcohol concentration in your breath which is roughly equal to what your BAC is at that time. While you do not have to blow, if you choose not to, you can be charged with a misdemeanor but this will not impact your ability to retain your driver's license. If you have given enough "clues" or blown over a 0.08% on the PBT, the officer will place you under arrest and take you to the police station. Once you arrive at the station, the officer will request that you blow into the intoxilizer machine. This is the true "breathalyzer". If you refuse, you will in all likelihood lose your driver's license for one year on your first offense. In Missouri, you have the right to call your attorney before deciding whether or not to "blow". If you cannot get in touch with your attorney, you will have to decide on your own. This is not true in Kansas where you do not have the right to consult with a lawyer before being asked to "blow". If you have more than one DUI/DWI conviction, the penalties generally get stiffer with each subsequent conviction. Generally, time in jail, more expensive fines, longer required periods with ignition-interlock devices, and/or longer license suspension times may be demanded by the law. This varies from state-to-state and you should consult with an experienced DUI/DWI attorney for more specific information regarding your individual situation. Finally, there is a strict time limit for requesting a driver's license hearing. If you do not comply with this time limit, your license can be suspended. This time limit is different in different states so it is absolutely vital that you contact an experienced DUI/DWI defense attorney so that this time limit can be explained to you. An experienced attorney can help you protect your rights, establish a defense by finding errors made by the police, or at least minimize the penalties imposed on you by the courts.
  5. Cavanaugh, Kevin: Kansas DUI Overview In Kansas, the charge of Driving Under the Influence of Alcohol or Drugs (DUI) alleges that your Blood Alcohol Concentration (BAC) was .08% or greater within two hours of operating or attempting to operate a vehicle or that you operated or attempted to operate a vehicle while under the influence of alcohol, drugs or any combination of alcohol and drugs to a degree that rendered you incapable of safely doing so. Because Kansas law provides for conviction under either "prong" of this split standard, thorough and aggressive defense of a DUI charge requires the skills of a qualified Kansas DUI defense lawyer. Kansas DUI cases are procedurally consistent with any other criminal charge in that the prosecution bears the burden of proving the charge "beyond a reasonable doubt." However, because of an increased public intolerance of drinking and driving, defending against a Kansas DUI charge has become increasingly more complicated, and the penalties for conviction have become much more serious. In order to defend against a Kansas DUI case, your lawyer must be ready and able to attack the Prosecutor's evidence of intoxication. There are a number of possibilities that an experienced, thorough DUI defense attorney can pursue in order to defend the client. Countless DUI cases have been won by contesting the constitutionality of any stops, searches and seizures; challenging the precision and proficiency with which the arresting officer conducted the field sobriety tests; challenging the training and experience of the individuals who conducted any chemical tests as well as the test results themselves; and by testing the credibility and reliability of the statements of any witnesses. Contact me, Kevin Stuart Cavanaugh, at 913-290-0938. DUI and Your Driver's License Kansas DUI/DWI arrests give rise to two distinct and separate aspects of your case: * the criminal proceedings, which are resolved in the municipal or district court where the case is charged and can result in fines and/or jail time; and * the administrative proceedings, which can result in the suspension of your driving privileges. It is extremely important to pay attention to both the criminal court case and the administrative driver's license case, as the deadlines, rules, procedures and burdens of proof are entirely different. At the administrative level, the term of suspension that you face depends upon several factors: whether you failed the chemical test or whether you refused to submit to it; whether this is your first or subsequent test failure or refusal; and whether you are over or under 21 years of age. The time of suspension of driving privileges, depending on these factors, ranges from 30 days to permanent revocation of driving privileges. Kansas DUI law provides you with the right to an administrative hearing wherein you or your lawyer can challenge the grounds upon which your license is suspended. If you request an administrative hearing in a timely manner, your driving privileges cannot be suspended until a decision has been made by the hearing officer. In other words, the validity of your temporary driving privileges is extended until after the hearing, which is frequently scheduled months after the request. Prior to the hearing, you can subpoena certain documents and witnesses who may have information about your case. At the hearing, a number of issues can be raised in your defense, depending on the facts of your case. These issues include * whether or not the officer had reasonable grounds to believe that you were operating or attempting to operate a vehicle while under the influence of alcohol or drugs * whether you were given the legally required notices before being asked to submit to testing * whether your actions constituted a legal refusal to take the test * whether the testing equipment and the officer operating the machine were certified by the Kansas Department of Health and Environment (KDHE) * other due process or other constitutional issues. If you are successful at the hearing, or if the officer fails to appear without requesting a continuance of the hearing in writing, your license may not be administratively suspended at all. However, you must send a letter requesting an administrative hearing to the Kansas Department of Revenue within 10 court days of the day you received the DUI or your driving privileges will automatically be suspended, period. Thus, it is critical that you obtain the services of a well-qualified Kansas DUI defense lawyer as soon as possible after the arrest. Another very important consideration is the fact that the Department of Revenue may also suspend your driving privileges if you are ultimately "convicted" of DUI or plead "guilty" to DUI at the Court level - regardless of the outcome you achieved at the Administrative Hearing. Even if the certifying officer fails to appear at the Administrative Hearing and the order of suspension is technically "dismissed," if you later are convicted or enter a plea agreement at the Court level, you still face suspension of your driving privileges. In other words, to avoid suspension of your driving privileges completely in any DUI case, it is essential that you prevail at the Administrative Hearing and avoid conviction at the Court level. Potential Criminal Penalties Kansas DUI cases in criminal court may result in fines, jail time, court-ordered suspension of your driving privileges, and the potential impoundment of your vehicle. The amount of fine and the length of the jail sentence are determined, in large part, by whether you have previously been convicted, or placed on diversion for DUI. It no longer matters where or how long ago a prior conviction occurred. Now, all prior DUI convictions and DUI diversions count, regardless of where or how long ago they occurred. First Conviction A first conviction for DUI is a Class B misdemeanor offense. The potential sentence is up to but not more than six months in jail. If convicted, the defendant must serve at least 48 consecutive hours in custody as a prerequisite to probation, unless the court allows the person to complete 100 hours of community service instead of the mandatory minimum 48 hours in custody. The fine for a first conviction ranges between $500 and $1,000. At the administrative level, driving privileges are suspended for 30 days, followed by 330 days of restrictions for test failure. For a test refusal, driving privileges are suspended for a full year. The driver must undergo a drug and alcohol evaluation and will be required to successfully complete any and all treatment that is recommended by the evaluator. Second Conviction A second conviction for DUI is a Class A misdemeanor offense. The mandatory minimum underlying sentence is 90 days in jail; however, the sentence can be as long as one full year. The defendant must serve at least five consecutive days in custody as a prerequisite to probation, but the judge can order the defendant to serve 48 hours in custody followed immediately by at least 3 consecutive days of work release or house arrest to satisfy the 5-day requirement. As with a first offense, completion of a substance abuse treatment program is required. The fine for a second conviction ranges from $1,000 to $1,500.At the administrative level, driving privileges are suspended for one year followed by one year of ignition interlock restrictions for a test failure and driving privileges are suspended for a full two years for a test refusal. Third Conviction A third conviction for DUI is an "unscored felony" punishable by up to 12 months in prison. The mandatory minimum underlying sentence is 90 days; however, the judge can order the defendant to serve 48 hours in custody followed immediately by at least 88 consecutive days of work release or house arrest to satisfy the 90-day custody requirement. The fine for a third conviction ranges from $1,500 to $2,500. At the administrative level, the term of suspension for a test failure is the same as for a second offense: one-year suspension of driving privileges followed by one year of interlock restrictions. For a test refusal, the term of suspension is 3 years. Fourth Conviction A fourth conviction for DUI is also an "unscored felony." Like a third conviction, there is a minimum sentence of 90 days and a maximum sentence of 12 months in prison. A person convicted of a fourth or subsequent DUI, however, must serve 72 hours in jail before being eligible for a work release program. The fine for a fourth conviction is $2,500. Upon a fourth conviction, driving privileges are suspended for one year followed by one year of interlock restrictions for a test failure. For a test refusal, the term of suspension is 10 years. If there is a fifth conviction, driving privileges are permanently revoked regardless of whether the driver refused or failed the test. Please note that the foregoing information presumes that you submitted to the Intoxilyzer Test as requested, but "failed" the test by providing a sample of breath in excess of .08% alcohol - but less than .15% alcohol. The Kansas Legislature recently enacted significantly greater administrative penalties for drivers who either test at or above .15% alcohol or who refuse the Intoxilyzer test outright. Contact a Kansas DUI Lawyer with the experience and the dedication to get the best possible outcome in your drunk driving case. I offer a free initial consultation. For your convenience, I can accept major credit cards. Contact me, Kevin Stuart Cavanaugh, at 913-290-0938. Implied Consent: Should You Refuse a Breathalyzer? Sometime or another, we've all heard someone say, "If you're stopped for a DUI, don't blow and they can't convict you." The Intoxilyzer blood alcohol test results will usually be the strongest evidence against you in a DUI case. Without that evidence, what can the prosecutor do? Kansas has what's known as a dual standard for DUI prosecution - while a BAC reading of 0.08 will normally prove the prosecution's DUI case against you, it's not necessary. The alternative standard allows for reliance on "other evidence" such as you appearance, demeanor, odor of alcohol, actual driving behavior and performance on Standardized Field Sobriety Tests to show that you were incapable of safely operating your vehicle at the time of the stop. If you refuse a breathalyzer but submit to a field sobriety test that shows you staggering all over a highway shoulder - especially if your test is video recorded - or if your driving was erratic and your speech slurred, and you reek of alcohol on top of it, it may be easy for the prosecutor to prove your guilt even without an Intoxilyzer Breath Test result. In Kansas, you may refuse to submit to a field sobriety test and there is no implied consent penalty for this type of refusal. If you do not submit to this test, the police have no observed "tipsy" behavior to write down. Another consideration is the effect on your driver's license. If you refuse the breath alcohol test, you most certainly will have violated the implied consent law, which means that you're facing a driver's license suspension. If your priority is to avoid a criminal conviction, then refusal of the breath test may be your best strategy, particularly if you have enough sense at the moment to provide no other evidence of any kind. No field sobriety test, no statements to the police, nothing. Just bear in mind that refusal of the breath test may have far more severe implications with regard to your driver's license. NEVER TALK TO ANY POLICE OFFICER AT THE SCENE. NO CONVERSATION - PERIOD. If your main priority is to keep your driver's license and you have no prior alcohol-related driving occurrences and no other vehicle or accident is involved, then you may be better off to submit to the breath test and take your chances on the DUI charge in negotiations or at trial. There is no one right answer to the question: "To blow or not to blow?" The best strategy depends largely on the details of each individual's circumstances. Either way, you need the advice of an experienced Kansas City DUI defense attorney. Contact me at my office for a free consultation. DUI Diversion and Treatment Program If you need the advice of a Kansas City DUI lawyer about whether you might qualify for an alternative to criminal prosecution on a drunk driving charge, contact me for a free consultation. Although most the states do not have a program for alternative approaches to disposing of DUI charges, Kansas law provides a DUI diversion program for qualified defendants, which may present an option to mitigate the risk you may otherwise face. If you have never been convicted of DUI, have never before entered into a diversion contract following a DUI arrest, and were not involved in an accident or collision resulting in personal injury or death, you might be eligible to participate in a DUI diversion program under Kansas law. Kansas DUI diversion is essentially a contract between the municipal or county prosecutor and the person facing DUI charges. The defendant gives up the right to a speedy trial and to a jury trial, and obtains in exchange the opportunity to avoid a DUI conviction. Most Diversion agreements require the following: * Payment of a fee for participation in the program * Participation in either an alcohol or drug safety action program or a drug or alcohol treatment program, or both * Refraining from the use of alcohol and drugs * Regular reporting to a Diversion coordinator or monitor to confirm continued compliance with the Diversion program If you complete the Kansas DUI or DWI diversion program, the criminal charge of driving under the influence is dismissed. However, failure to complete the program and fulfill all of the terms of your diversion contract can result in reinstatement of the criminal case against you, no matter how much time has passed. Additionally, you will be tried on stipulated facts, which means that you will have no opportunity to cross-examine witnesses, present your own evidence, or mount any meaningful defense. If you are facing a first offense DUI charge in Kansas, the Diversion program may represent an excellent opportunity for you to keep your criminal record clean. Contact me, Kevin Stuart Cavanaugh, at 913-290-0938. Kansas Driver's License Suspension If you've lost your driver's license due to DUI or an implied consent violation, you need the help of an experienced and resourceful Kansas City driver's license suspension lawyer. Contact my DUI defense firm in Leawood for a free initial consultation. Effective July 1, 2007, the Kansas Legislature enacted several amendments to the state's DUI laws. These amendments also affect the statutory Administrative Suspension provisions. Essentially, the sentencing and suspension provisions are significantly greater for drivers who either refuse the Intoxilyzer test or provide a breath sample in excess of .15% alcohol concentration. First Offense: If a law enforcement officer is deemed to have valid "reasonable basis" to request that you submit to an Intoxilyzer test and you fail the test by providing a breath sample in excess of .08% alcohol - but less than .15% - the Kansas Department of Revenue can suspend your license for a 30-day period, followed by 330 more days of restricted driving privileges. Some defendants apply for unrestricted driving privileges following the 30-day suspension by requesting an ignition interlock device. If you test at or above .15% on a true first offense, or if you refuse the Intoxilyzer test, you face suspension of your driving privileges for a full year followed by an additional year of driving a vehicle only if it is equipped with an ignition interlock device. Second Offense: If you fail the test by providing a breath sample in excess of .08% alcohol - but less than .15% - the Kansas Department of Revenue can suspend your license for one full year. If you test at or above .15% on second offense, you face suspension of your driving privileges for a full year followed by an additional 2 years of driving a vehicle only if it is equipped with an ignition interlock device. If you refuse the Intoxilyzer test on a second offense, you face suspension of your driver's license for 2 years. Third Offense: If you fail the test by providing a breath sample in excess of .08% alcohol - but less than .15% - the Kansas Department of Revenue can suspend your license for one full year. If you test at or above .15% on third offense, you face suspension of your driving privileges for a full year followed by an additional 3 years of driving a vehicle only if it is equipped with an ignition interlock device. If you refuse the Intoxilyzer test on a third offense, you face suspension of your driver's license for 3 years. Fourth Offense: If you fail the test by providing a breath sample in excess of .08% alcohol - but less than .15% - the Kansas Department of Revenue can suspend your license for one full year. If you test at or above .15% on fourth offense, you face suspension of your driving privileges for a full year followed by an additional 4 years of driving a vehicle only if it is equipped with an ignition interlock device. If you refuse the Intoxilyzer test on a fourth offense, you face suspension of your driver's license for 10 years. Fifth Offense: If a law enforcement officer is deemed to have valid "reasonable basis" to request that you submit to an Intoxilyzer test and you fail or refuse the test, you face permanent revocation of your driving privileges. Contact me, Kevin Stuart Cavanaugh, at 913-290-0938. 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 formal administrative hearing within 10 court days of the date you get the DUI. (The ONLY change in the law that is of benefit to Kansas drivers is that the Department of Revenue no longer counts Saturdays, Sundays and legal holidays against you in calculating the 10 day period in which to submit your written request for the hearing.) 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.
  6. Muxlow Law Group: When you have been charged with a traffic offense, you need intelligent & aggressive representation.   
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