Suspension of your Driver's License

When you are arrested for DUI, police usually take your license and hand you a pink sheet (a DC-27 form) that notifies you of an administrative suspension of your license.

You have 14 calendar days from your arrest to request an administrative hearing if you want to challenge the suspension of your license. Even if you are found not guilty of DUI, your license will be suspended unless you request an administrative hearing and prevail. You should meet with a DUI Defense Team attorney before the 14 days pass so that you can decide whether to request a hearing. If you do not request a hearing, you will lose the opportunity to challenge the suspension of your license.

How long your license will be suspended depends on whether you failed or refused a test and whether you are over or under 21 years old. You should talk to your DUI attorney about the potential suspension period that might apply to you. The suspension periods are as follows:

TEST FAILURE – blood alcohol concentration (BAC) below .15

  • First occurrence: 30-day suspension followed by 180 days restricted to driving with an ignition interlock device. The restriction period increases to 1 year if you have a prior conviction for driving while suspended, minor in possession, open container, driving without insurance, registration violation, or any prior license suspension.
  • Second occurrence: 1-year suspension followed by 1 year restricted to driving with an ignition interlock device
  • Third occurrence: 1-year suspension followed by 2 years restricted to driving with an ignition interlock device
  • Fourth occurrence: 1-year suspension followed by 3 years restricted to driving with an ignition interlock device
  • Fifth occurrence: 1-year suspension followed by 10 years restricted to driving with an ignition interlock device

TEST FAILURE – BAC above .15

  • First occurrence: 1-year suspension followed by 1 year restricted to driving with an ignition interlock device
  • Second occurrence: 1-year suspension followed by 2 years restricted to driving with an ignition interlock device
  • Third occurrence: 1-year suspension followed by 3 years restricted to driving with an ignition interlock device
  • Fourth occurrence: 1-year suspension followed by 4 years restricted to driving with an ignition interlock device
  • Fifth occurrence: 1-year suspension followed by 10 years restricted to driving with an ignition interlock device

TEST REFUSAL or conviction

  • First occurrence: 1-year suspension followed by 2 years restricted to driving with an ignition interlock device
  • Second occurrence: 1-year suspension followed by 3 years restricted to driving with an ignition interlock device
  • Third occurrence: 1-year suspension followed by 4 years restricted to driving with an ignition interlock device

TEST REFUSAL or conviction – Driver under 21

  • First occurrence: 1-year suspension. If your BAC is .15 or higher, there is an additional year restricted to driving with an ignition interlock device.
  • Second occurrence: 2-year suspension
  • Third occurrence: 3-year suspension
  • Fourth occurrence: 10-year suspension
  • Fifth occurrence: Permanent revocation

Application to change suspension to restricted driving with ignition interlock device

If you are suspended based on a test failure, you may apply to change the suspension to restricted driving with an ignition interlock device after serving 45 days of suspension. If you are suspended based on a test refusal, you may make the same application after 90 days of suspension. The cost of the application is $100. It is available online at www.ksrevenue.org/pdf/dc-1015.pdf. If you are unsure about the status of your driver’s license, you may check online at www.ksrevenue.org/dmvdrivercontrol.html. Our DUI attorneys are available to help you with this process.

To learn more about ignition interlock, you should explore provider web sites, such as SmartStart,smartstartkansas.com, or Guardian, ksgi.com. A list of all approved providers is kept by Driver Control atwww.ksrevenue.org/dmv-dcinterlock.html. Your DUI attorney may be able to provide you with information about a local provider.

Work Vehicles

If you are restricted to driving a vehicle with an interlock device, you may drive an employer’s vehicle during normal business hours if you do not partly own or control the company or the vehicle.

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