When you are arrested for DUI, there are two separate proceedings which you will go through. The first deals specifically with your driver’s license, and is under the direction of the Kansas Department of Revenue, Division of Motor Vehicles. The second proceeding is the criminal portion of the DUI, and is under the direction of either a municipal, or district court.
The driver’s license portion of your DUI is started when the officer hands you the pink form known as the DC-27. You only have 14 days from the date the officer gives you this form to request a driver’s license hearing from the Division. If you fail to request a hearing, your driver’s license will automatically be suspended without a hearing. The length of any suspension is dependent upon the number of prior occurrences you have, whether you took a chemical test or not, and if you did take a chemical test, what the result was.
A prior occurrence is defined as any prior chemical test failure or refusal, or any conviction in criminal court of driving under the influence. The more occurrences you have, usually the longer your license will be suspended, or the longer you will have to have an ignition interlock device on your car. There are separate suspension lengths dependent upon whether you took a chemical test, or you refused to take such a test. Also, if you did take a chemical test, there are more severe suspensions for having a breath or blood alcohol content over .15.
The criminal portion of your DUI is started when you bond out of jail, and the jail-staff, or bonds-person, gives you a court date, known as a first-appearance date. Like the driver’s license portion, the punishment in criminal court is more severe depending upon the number of prior convictions you have for DUI. The term conviction includes diversions, and out-of-state convictions. If you are convicted of DUI in criminal court, there are fines, mandatory jail sentences, and counseling that you will be sentenced to.
There are multiple ways that you can be charged with DUI. Because of political and public intolerance of those who drive drunk, penalties have become much more severe, and defending those accused of DUI has become more complicated. Like all criminal cases, the burden is on the government to prove its case, but you need experience on your side. Our attorneys are well versed in DUI law, and have handled thousands of DUI cases. Mr. Rapp completed the National College for DUI Defense course at Harvard Law School and has attended numerous seminars in such places as Hawaii, Las Vegas, NV, Kansas City, KS, Mexico, Denver, CO, as well as ones here locally in Wichita, KS where he is often a speaker.