When you are arrested in Kansas for driving under the influence of alcohol, you may contest the suspension of your driver’s license, in addition to defending yourself against the criminal charges that have been filed against you. While contesting a license suspension is not an option for every driver who has been arrested for driving under the influence, a DMV hearing is available to those Kansas DUI defendants whose civil rights may have been violated during the traffic stop which led to their arrest.
Your civil rights may have been violated during a traffic stop if there was not a valid reason, such as speeding, running a stop sign, or failing to stay within your lane, for the law enforcement officer to initiate the traffic stop. Even if there was a valid reason for the traffic stop, the officer may have violated your civil rights if they conducted the traffic stop as a DUI investigation when they had no reason to believe that you were driving under the influence of alcohol. If you participated in roadside chemical testing, it may have been done improperly, and in violation of your civil rights. If you refused to submit to roadside breath or blood testing, were you given the implied consent notice before you refused? If not, your civil rights may have been violated. Likewise, if you were not read your Miranda rights before you were arrested, the officer may have violated your civil rights.
If you have been arrested for driving under the influence of alcohol, you have a limited time within which to request a DMV hearing to contest the suspension of your driver’s license. You must file a written request for a hearing with the Kansas Department of Revenue within fourteen days of your arrest. If you do not request a hearing within those fourteen days, either because you did not submit your request in time or because you do not feel as though your civil rights were violated during the traffic stop which led to your arrest, then your license will be suspended.
At a DMV hearing, the burden of proof is on the defendant to show that their civil rights were in fact violated during the traffic stop which led to their arrest. If you are unable to prove that your civil rights were violated, your license will be suspended for a minimum of thirty days. Since some civil rights violations are easier to prove than others, and an experienced Kansas DUI defense lawyer knows which kinds of evidence to present at a DMV hearing in order to prove them, it is important that you attend your DMV hearing with a Kansas DUI defense lawyer by your side. You are likely to hire a Kansas DUI defense attorney to help you fight the criminal charges that you are facing, so why not use their legal expertise to fight for the timely return of your driving privileges, as well. To learn more about how a Kansas DUI defense lawyer could help you to get your driver’s license back as soon as possible, call our Wichita office today at (316) 264-1548.