It's DUI Friday! Last week we left off with failing or refusing to take a preliminary breath test.
When you refuse to take or fail a preliminary breath test (the breath test they administer out in the field) the state initiates an administrative action against you to revoke your driving privileges. When you hear of an administrative hearing, or an administrative hearing request, this is the State of Kansas giving you your due process before they suspend your driver's license.
The only way to preserve your driving privileges for longer then 30 days after your arrested is to make an administrative hearing request to the Kansas Driver Control Bureau within 14 days.
NOTE: If you want to preserve your driving privileges for longer then 30 days you must send your Administrative Hearing request within 14 days along with the required $50 request fee.
After you send a request, it typically takes driver control a couple weeks before they send you confirmation and a date for your hearing. These hearings are held in front of a magistrate, not a judge, and usually last less then 20 minutes.
Next week we'll talk about the other side of a DUI case, the criminal side, which is separate from the administrative hearing.
DUI Friday is brought to you by the Manhattan, KS lawyer, Blake Robinson. If you've been arrested for a DUI it's important to act fast to preserve your driving privileges as mentioned above. Contact an attorney before it's too late.
*Hiring an attorney is a complex decision and should not be based solely on a blog entry. This is not legal advice but simply information about DUIs in Kansas.
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