DC-27 Form Explained: What is the DC-27 and what do you do with it?
What Is the DC-27 Form?
The DC-27 form is a document issued by a law enforcement officer following a DUI arrest under specific circumstances. You will be handed this form if:
You provide a breath sample that indicates your Blood Alcohol Concentration (BAC) is over the legal limit of 0.08%.
You refuse to provide a breath sample when requested by the officer.
The form is named after the number printed on the bottom left corner, "DC-27." This form is a staple in Kansas DUI cases and is recognized throughout the legal community. You will notice that the copy handed to you by the officer is pink in color, making it easy to identify among your paperwork.
While being arrested for a DUI is a stressful experience, it’s important to carefully read the DC-27 form and understand its significance. At first glance, the form looks like a typical notice, but it actually serves as a temporary driver’s license that allows you to continue driving under certain conditions for a short period.
How long is the temporary driver’s license good for?
The DC-27 form acts as a temporary driver’s license for the next 30 days following your arrest. This temporary license allows you to continue driving, but you must carry the pink DC-27 form with you while doing so. If you fail to have this form with you, law enforcement can consider you to be driving without a valid license.
The form also highlights a critical deadline: after 30 days, the temporary license will expire, meaning you will no longer have the legal right to drive unless you take certain actions to address the situation. If you do nothing, your driver’s license will be automatically suspended once the 30-day period is over.
It’s vital to act quickly after receiving the DC-27 form to avoid an extended period of suspension.
The administrative process and contesting the suspension on your driver's license.
One of the most important sections of the DC-27 form explains your right to challenge the suspension of your license. After being issued the DC-27, you have just 14 days to file a request for an administrative hearing with the Kansas Department of Revenue. This hearing is your opportunity to contest the suspension of your driver’s license and is separate from any criminal proceedings related to the DUI charge.
It’s crucial to understand that if you miss this 14-day window, your driver’s license will be automatically suspended. There are no exceptions to this rule, and failing to meet this deadline, no matter the reason, means you forfeit your chance to challenge the suspension. This makes immediate action incredibly important after receiving the DC-27 form.
How do you request an administrative hearing?
To request an administrative hearing, you or your attorney will need to file the appropriate paperwork with the Kansas Department of Revenue within the 14-day timeframe. This paperwork should specifically request:
An in-person hearing, which gives you the best chance of presenting your case effectively.
That the arresting officers be subpoenaed to attend the hearing.
Requesting an in-person hearing is a strategic move. If the hearing is conducted over the phone, the opportunity to cross-examine the officers and present your defense can be limited. Having the officers present in person allows your attorney to question them thoroughly and challenge any discrepancies or procedural errors that may have occurred during your arrest.
Many experienced DUI attorneys will represent you both in the administrative hearing and the criminal case, ensuring that your defense is coordinated and consistent across both processes. It’s advisable to work with an attorney who is familiar with DUI cases and can navigate the complexities of both administrative and legal procedures.
What happens at the administrative hearing?
The administrative hearing is a formal procedure where you have the chance to present your side of the story and challenge the evidence against you. The focus of the hearing is solely on whether or not your driver’s license should be suspended, not on whether you are guilty of the DUI charge. The hearing will evaluate:
Whether the officer had reasonable suspicion to stop your vehicle.
Whether there was probable cause to arrest you for DUI.
Whether you refused the breath test or if your BAC was above the legal limit.
At the hearing, your attorney will present evidence, cross-examine the arresting officers, and make arguments aimed at keeping your driver’s license intact. The hearing officer will review all the evidence and testimony presented before making a decision about whether or not your license should be suspended.
It’s important to note that the burden of proof in an administrative hearing is often lower than in a criminal trial. This means that while the administrative hearing is a critical part of the process, even if you lose at this stage, it doesn’t mean you’ll automatically be found guilty of the DUI charge in court.
What happens if you fail to request a hearing?
If you fail to request an administrative hearing within the 14-day window, or if you request a hearing but are unsuccessful in your appeal, your license will be suspended. The length of the suspension will depend on several factors, including whether you failed the breath test or refused to take it:
If you failed the breath test (BAC over 0.08%), your license may be suspended for 30 days, followed by a 330-day restriction to only drive with an ignition interlock device (IID) installed on your vehicle.
If you refused the breath test, the penalties are more severe, with a one-year license suspension followed by a two-year requirement to drive with an IID.
Once your license is suspended, you may apply for a restricted license after serving a portion of the suspension, depending on the circumstances of your case. However, the best outcome is to avoid suspension altogether by successfully challenging it through the administrative hearing process.
Do you need an attorney for the DC-27 Process?
Navigating the DC-27 process can be complicated, and the consequences of a misstep can be serious. Missing deadlines or not properly contesting the suspension can result in months or years without a valid driver’s license. Because the administrative hearing runs parallel to the criminal case, working with an experienced DUI attorney is crucial to ensuring that both processes are handled correctly.
A skilled DUI attorney will:
Ensure that the administrative hearing request is filed within the 14-day deadline.
Subpoena the arresting officers and request an in-person hearing.
Build a defense strategy that addresses both the administrative and criminal aspects of your case.
Help you understand the potential penalties you face and work to minimize them.
Many attorneys who specialize in DUI cases handle both the administrative license suspension hearing and the criminal defense to ensure that your rights are protected at every stage.
Final Thoughts: What should you do after receiving a DC-27 Form?
Receiving a DC-27 form is a significant moment in your DUI case, and it sets the clock ticking on your ability to retain your driving privileges. Understanding the deadlines and processes involved is crucial to mounting an effective defense. As soon as you receive the form:
Read it carefully, so you understand its purpose as a temporary driver’s license and the steps you must take.
Contact a DUI attorney as soon as possible to discuss your case and ensure that a hearing request is filed within the 14-day window.
Prepare to fight both the administrative suspension and the criminal charges by gathering evidence, reviewing the events surrounding your arrest, and challenging the officer’s conduct where applicable.
By acting quickly and working with a qualified attorney, you can improve your chances of maintaining your driving privileges and achieving a favorable outcome in your DUI case.