A defense attorney can help you get your license reinstated in most cases, depending on the circumstances and other factors. When your license has been suspended or revoked it affects not only your driving record but can have negative consequences in other areas of your life. While no one ever expects their driving privileges to be taken away, if it happens you will need a defense attorney to help put things right.
If you get arrested in Missouri for driving while intoxicated (DWI), or in Kansas, driving under the influence (DUI), the least you can expect is that the arresting officer will seize your driver’s license, because an automatic suspension is a consequence of these types of charges. But more importantly, DWI/DUI convictions can result in jail time or prison, and being placed on probation. Further, due to time restrictions following charges of this type, it is critical to call a defense attorney right away.
In both Missouri and Kansas, the Department of Revenue conducts a civil proceeding called an Administrative Hearing following DWI/DUI charges to make a determination for suspending or revoking your driving privileges. In Missouri, the DMV will issue a “Notice of Suspension/Revocation of Driving Privilege,” (Form 2385), and you have 15 days from the date you receive the notice to request an administrative hearing. During the 15 day period Form 2385 serves as your temporary license. If you fail to request a hearing within the time allowed your license will automatically be suspended or revoked and your driving record will reflect an “administrative alcohol suspension.”
For a DWI, the type of hearing you must request depends on if you refuse or agree to submit to a breathalyzer test or some other type of chemical test, and the result is over the legal limit of .08%. If the request is timely, the Missouri Department of Revenue will schedule your hearing and notify you of the date and time.
If you are arrested and charged in Kansas, the arresting officer will give you an “Officer’s Certification and Notice of Suspension,” (Form DC-27), which serves as your temporary license for a period of 30 days. You have 14 days from the time you receive this form to request a hearing and pay a nonrefundable hearing fee and adhere to other specific requests to avoid forfeiture of your driving privileges. After you have paid your fee and requested a hearing, the Kansas DMV will schedule your hearing, notifying you by mail, and your temporary driving privileges will be extended until a final determination is made.
A defense attorney will request an administrative hearing on your behalf within the allowable time period and begin the process of getting your driving privileges restored. He can advise you of all possible outcomes and steps involved, such as obtaining a limited driving permit, filing an SR-22, SATOP, filing appeals and more. He will adhere to all schedules and attend hearings, prepare and submit documents required by the courts and importantly, investigate the circumstances in order to secure a favorable outcome for you.
Fighting a license suspension or revocation as a result of a DWI/DUI conviction is not without challenges and you need an experienced defense attorney for the best outcome. Craig Divine at Divine Law, LLC, knows what to expect and how to deal with DWI/DUI matters, and is a dedicated defense lawyer who will protect all of your rights from the initial arrest through the entire process. If you’re ready to take that next step to protect your driving privileges, contact Divine Law today.
104 W 9th St., Suite 404, Kansas City, MO 64105