WILL MY LICENSE BE SUSPENDED BECAUSE OF A DUI?
There are four ways to lose your driver’s license because of a DUI charge.
If you fail to Request your Administrative Hearing If you do not read the DC-27 Notice of Suspension of License that you are issued at the time you are arrested, and you do not request your administrative hearing within the 14 day period, you will automatically lose your license.
If you lose your administrative hearing. If you request your administrative hearing with the Kansas Department of Revenue within the 14 day time period, attend the hearing, and do not prevail at that hearing, then your license will be suspended.
If you are Found Guilty or Plead Guilty to a DUI in criminal court. Even if you win your administrative hearing but lose your DUI at trial, or plea guilty on the DUI charge, you will automatically lose your driver’s license as a penalty in the criminal case.
If you completely fail to show up to court on the DUI charge If you do this you will get an administrative suspension for failure to comply, i.e. missing court. You will also get a warrant out for your arrest.*On a very rare occasion you will not lose your license if you fail to request an administrative hearing. The Kansas Department of Revenue looks at the DC-27 forms submitted by an officer to begin the process of suspending your license. If the Kansas Department of Revenue finds a terminal mistake in the DC-27 they will dismiss the administrative case against you, and mail you back your driver’s license. (This is very rare.)
How long will my license be suspended if it is suspended because of DUI? The Kansas Department of Revenue is the agency that controls your driver’s license. If you are issued a DUI and lose your license in any of the first three scenarios laid out above, there is a system to determine how long your license will be suspended.
You need to know the following three pieces of information:
Number of DUI’s you have had in the past
What your BAC was at the time you were issued the DUI charge
If you refused the evidentiary breath test
If you are a first time DUI that submitted to the test and had a BAC between .08 and .15, then your license will be suspended for 30 days and you will have to install an ignition interlock device for 6 months, before you will get your license back.
If you are a first time DUI that submitted to the test and had a BAC of .15 or higher, then your license will be suspended for 1 year and you will have to install an ignition interlock device for 1 year, before you will get your license back.
If you are a first time DUI that did not submit to the test, then your license will be suspended for 1 year and you will have to install an ignition interlock device for 2 years, before you will get your license back.
If you are a second time DUI that submitted to the test and had a BAC between .08 and .15, then your license will be suspended for 1 year and you will have to install an ignition interlock device for 1 year before you will get your license back.
If you are a second time DUI that submitted to the test and had a BAC of. 15 or higher, then your license will be suspended for 1 year and you will have to install an ignition interlock device for 2 years before you will get your license back.
If you are a second time DUI that did not submit to the test, then your license will be suspended for 1 year and you will have to install an ignition interlock device for 3 years, before you will get your license back.
If you are a third time DUI that submitted to the test and had a BAC between .08 and .15, then your license will be suspended for 1 year and you will have to install an ignition interlock device for 2 years before you will get your license back.
If you are a third time DUI that submitted to the test and had a BAC of. 15 or higher, then your license will be suspended for 1 year and you will have to install an ignition interlock device for 3 years before you will get your license back.
If you are a third time DUI that did not submit to the test, then your license will be suspended for 1 year and you will have to install an ignition interlock device for 4 years, before you will get your license back.
If you are a fourth time DUI that submitted to the test and had a BAC between .08 and .15, then your license will be suspended for 1 year and you will have to install an ignition interlock device for 3 years before you will get your license back.
If you are a fourth time DUI that submitted to the test and had a BAC of. 15 or higher, then your license will be suspended for 1 year and you will have to install an ignition interlock device for 4 years before you will get your license back.
If you are a fourth time DUI that did not submit to the test, then your license will be suspended for 1 year and you will have to install an ignition interlock device for 5 years, before you will get your license back.
If you are a fifth time DUI or higher, no matter if you submitted to the test and no matter how high your BAC, then your license will be suspended for 1 year and you will have to install an ignition interlock device for 10 years before you will get your license back.