Driver’s License Suspension Following DUI Arrest: Should I Request a Hearing?

Published: 9 April 2013

I have represented people charged with DUI for well over a decade. I can count on my fingers the number of times in which I have suggested that a client should not request a hearing to challenge the suspension of his or her driver’s license.  Those cases involved extremely unique circumstances.

In almost every case, if you need to be able to drive, you should request a hearing and challenge the license suspension.  There is always hope that your challenge will be successful and that you will retain your license.

If you have not already done so, you should read the back side of the pink sheet called “Officer’s Certification and Notice of Suspension.”  In most cases, police will take your driver’s license and hand you this pink sheet to use as a temporary license.  The print is small and very few people actually read the notice on the back.  You should.

I prefer that my office make the hearing request on behalf of our clients.  The reason is simple – I want to be sure that the request is legally sufficient and contains important demands.  The most important demands are that the hearing be held in person and that the certifying officer be subpoenaed.

In most cases, you have only 14 days from your arrest to request a hearing.  Before the deadline passes, you should either make the request yourself or hire an attorney to do so.  If you are going to hire one of our attorneys, I prefer that we make the request for you.  Be sure to bring the Officer’s Certification and Notice of Suspension and the $50 hearing request fee with you when you first meet with an attorney.

If you would like to talk about fighting the suspension of your driver’s license, call and schedule an appointment with one of the lawyers on the DUI Defense Team.  Call our Wichita office at 316-262-9400, Topeka office at 785-235-9300, or our Lawrence office at 785-856-0143.

By Chris Joseph

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