In Kansas City, DUI arrests spark two entirely separate legal cases that will run simultaneously. The first case is with the criminal court, over the criminal charges of driving under the influence or driving while intoxicated. The other case is before the administrative court on the subject of penalties by the DMV for either testing over the legal limit or refusing to test for alcohol. The outcome of your criminal hearing will not determine the outcome of your hearing before the administrative court.
If you are concerned about the future of your license in the wake of the DUI arrest, you will need to understand the process and requirements set forth in an administrative license hearing. While license suspension or revocation is not imminent, it is a strong possibility. Making sure that you take all the necessary steps within the timeframe allocated will ensure that you have the best chance of a fair outcome.
After a DUI Arrest
When you are pulled over for DUI or DWI, the police officer will confiscate your current license and issue a temporary driving permit to you. This paper will allow you to drive under a temporary license for 14 or 15 day period, depending on whether you are a Kansas or Missouri resident, and contains instructions on your next step.You must request an administrative license hearing within that timeframe or your license will automatically be suspended.
At the Administrative License Hearing
The administrative license hearing will discuss the circumstances of your arrest and whether the police officer had reasonable grounds to arrest you. If you were arrested because you failed the breath or blood test, your attorney will likely examine the evidence closely and attempt to show the administrative court the weaknesses in the police officer's case against you. If you refused a test, there may be an additional argument of whether you actually refused or whether proper procedures were followed before declaring it refused.
The outcome or progress of your criminal case will have little to no bearing on your administrative hearing. Depending on your actions following your arrest, your attorney's defense strategy, and the evidence brought against you in administrative court, there is a possibility of the case going either way.
No two cases are alike and there is no one that can predict the outcome of your case precisely. To understand the process of securing your license and challenging suspension at the administration license hearing or to discuss your specific situation with an experienced DUI attorney in Kansas City, contact Steve Schanker, Attorney at Law today.
