HOW CAN THIS WEBSITE HELP ME?
Each arrest, prosecution, and proposed driver’s license suspension is unique. KansasDUI.com is designed to give you a basic understanding of the law, but it cannot replace the assistance of a qualified attorney to review your case. In choosing your attorney, you will need to determine the importance of their knowledge, trial experience and training.
Review the pages of this website to better understand:
- your criminal DUI case and the driver’s license administrative process
- Doug Wells' experience, qualifications, and training.
If you are interested in discussing your case, complete the contact form or call (785) 273-1141.
DRIVER’S LICENSE HEARING REQUEST
WARNING: You have 14 calendar days to request a driver’s license hearing after you have received the self carboned pink or white letter sized computer generated “Law Enforcement Officer’s Certification” form DC-27. An explanation for requesting the hearing is on the back bottom of the pink sheet or on page 2 of the white DC-27 form. You should do the following:
- Make a written request for driver’s license hearing.
- Request the subpoena of any officer who signed the pink DC-27 form.
- Request an “in-person hearing” not by telephone.
- Enclose a $50.00 hearing fee, payable to the Kansas Department ofRevenue, enclosed with the written request for hearing.
- Make a copy of the written hearing request and fee check.
- Mail by certified mail, return receipt and postage date stamped within 14 calendar days.
- Contact Doug Wells to assist you with requesting the hearing and defending you at the hearing.
- Provide Doug Wells with a copy of the hearing request, check, and DC-27 form.
IF I AM SUSPENDED, HOW SOON CAN I DRIVE?
If you have a driver's license suspension based upon a conviction, test failure, or test refusal, you may be eligible to receive a restricted interlock device rather than a suspension after you have been suspended for 45 days. An application must be made to Driver Solutions at the proper time and in the proper manner. The law office of Doug Wells can assist you in this process.
SHOULD I GET A DIVERSION?
You may be eligible for diversion if you were not involved in an accident or death, if you do not have a commercial driver’s license, and if you have never been convicted of DUI or participated in a diversion before. Different prosecutors have different requirements for a diversion. With a diversion, you must stipulate or agree to the truthfulness of the law enforcement report. If you violate the terms of the diversion, you will be convicted without a meaningful trial based upon this agreement. A diversion will count as a prior conviction or occurrence for the purpose of increasing penalties against you if you later fail or refuse a breath, blood, urine or saliva test or if you are later convicted of DUI. A diversion is better than a conviction but an acquittal or dismissal is better than a diversion.
Even if you can obtain a diversion on your own, it may be to your advantage to permit Doug Wells to investigate your defenses, review law enforcement reports and DVDs, and advise you before you decide that you want to receive a diversion. The diversion applies only to the criminal case, not the driver’s license administrative hearing. An attorney can help you with both. Doug Wells is willing to discuss representing you on either or both.
You should review your bond and bond conditions closely after you are released from jail. If you do not follow those bond conditions, you can have your bond revoked and may be placed back in jail. The Court has authority to modify your bond conditions. Be careful to determine if you owe booking fees after you are released because failing to pay these may cause you to be turned over to collection.
IF I AM NOT CONVICTED, WILL MY DRIVER’S LICENSE STILL BE SUSPENDED?
The administrative driver’s license hearing is completely separate from the DUI criminal case. You can win one and lose the other, win both of them, or lose both of them. The result of one does not affect the result of the other. You can be suspended if you do not timely and properly request a driver’s license hearing after you are served the DC-27 form, if you lose the driver’s license hearing, and/or if you are convicted of the criminal DUI.
DO I NEED A DUI ATTORNEY?
DUI and driver’s license law is very complicated. It can involve legal issues, constitutional issues, scientific issues of a blood test or breath test, and/or factual issues concerning the conduct of both you and the officer. You need an experienced DUI attorney who is well trained in these areas of DUI and who is experienced in court proceedings. The DUI criminal case threatens your freedom, money, and driving privileges. Your driver’s license administrative hearing threatens your driving privileges. If your driving privileges are suspended, this may threaten your ability to keep or obtain work, transport your family, and enjoy the freedom to come and go as you desire.