You face a number of potential consequences if you are convicted of driving under the influence (DUI). For most people, the prospect of spending time in jail is their primary concern. Hefty monetary fines are also common. You can also expect to lose your driving privileges—at least temporarily—if convicted.
A Junction City DUI driver’s license suspension can have a lasting impact on your life and your freedom. The good news is that you have the chance to fight back against a conviction and protect your license. Rely on the support of a dedicated defense attorney following a DUI arrest.
License Suspensions and the Kansas Department of Revenue
When a person is arrested and charged with DUI, they actually face two separate legal proceedings. In addition to the criminal prosecution for drunk driving charges, a person also must contend with a civil suit filed by the Kansas Department of Revenue. This second suit targets a person’s driving privileges.
The administrative proceedings with the Department of Revenue differ from the criminal case in that there is no risk of jail time. Instead of the court system, these hearings are held within the Department of Revenue.
Every driver who is arrested for DUI in Junction City will have their driver’s license confiscated by the arresting officer. In its place, the police must provide them with a form titled “Officer’s Certification and Notice of Suspension.” This document serves as a temporary license while the administrative case moves forward.
The driver must make a written request for a hearing within 14 days of their arrest, or the suspension automatically goes into effect. By requesting a hearing, a motorist has the opportunity to defend themselves with the help of legal counsel. This is usually conducted via telephone unless an in-person hearing is requested.
The rights that protect a person during criminal proceedings are relaxed in these cases, making it harder to prevail. However, a skilled attorney could develop a strong case that shows the Department of Revenue that the evidence of intoxication is weak.
If the driver wins, they will regain their full driving privileges. This is true even if they are ultimately convicted of DUI. If they lose, the temporary suspension will become permanent shortly after.
There is a range of potential suspensions depending on the facts of a case. In addition to driver’s license suspensions in Junction City DUI cases, there is also the potential for mandatory ignition interlock device installation. These devices require a driver to submit a breath test each time they get behind the wheel.
The suspension for first-time offenders is limited to 30 days if their blood alcohol concentration is between .08 and .149. Higher BAC results can lead to a year-long loss of privileges. This is generally followed by a period of interlock device requirements.
In the most serious cases, the driver will lose their license for a year. This is followed by restricted privileges for 10 years that include the use of interlock devices.
Talk to a Lawyer in Junction City About Driver’s License Suspensions After Being Charged With a DUI
If you are facing DUI charges, it is important that you also challenge your license suspension. With the support of strong legal counsel, you could protect your privileges. Reach out as soon as possible to learn more about Junction City DUI driver’s license suspensions and how our attorneys could help.
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