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Notice of Driver's License Suspension

(Pursuant to K.S.A. 8-1002)

When you are given a DUI, the officer will in most cases give you a "pink sheet" of paper, or a DC-27 form. If paragraph 4 of this form indicates you refused to submit to or complete a test, the following action will be taken on your driving privileges:

First Occurrence: 1 year suspension & 1 year ignition interlock restriction
Second Occurrence: 1 year suspension & 2 year ignition interlock restriction
Third Occurrence: 1 year suspension & 3 year ignition interlock restriction
Fourth Occurrence: 1 year suspension & 4 year ignition interlock restriction
Fifth or Subsequent Occurrence: 1 year suspension & 10 year ignition interlock restriction

If paragraph 4 of the "pink sheet" indicates you failed a test and the test result was .08 or above, but less than .15, the following action will be taken on your driving privileges:

First Occurrence (21 or older at time of test): 30 day suspension &180 days of ignition interlock restriction if you have not previously had your driving privileges revoked, suspended, canceled or withdrawn or been previously convicted of any of the following violations: (1) K.S.A. 8-1599; (2) K.S.A.41-727; (3) any violations listed in K.S.A. 8-285(a) or (4) been convicted of three or more moving traffic violations committed on separate occasions within a 12-month period. If your driving privileges have previously been revoked, suspended, canceled or withdrawn or your riving record contains convictions as set out above, you will receive a 30 day suspension & 1 year of ignition interlock restriction.

First Occurrence (Under 21 at time of test): 1 year suspension & 1 year ignition interlock restriction
Second Occurrence: 1 year suspension & 1 year ignition interlock restriction
Third Occurrence: 1 year suspension & 2 year ignition interlock restriction
Fourth Occurrence: 1 year suspension & 3 year ignition interlock restriction
Fifth or Subsequent Occurrence: 1 year suspension & 10 year ignition interlock restriction

If paragraph 4 of the "pink sheet" indicates you failed a test and the test result was .15 or above, the following action will be taken on your driving privileges:

First Occurrence: 1 year suspension & 1 year ignition interlock restriction
Second Occurrence: 1 year suspension & 2 year ignition interlock restriction
Third Occurrence: 1 year suspension & 3 year ignition interlock restriction
Fourth Occurrence: 1 year suspension & 4 year ignition interlock restriction
Fifth or Subsequent Occurrence: 1 year suspension & 10 year ignition interlock restriction

If you possess a commercial driver's license, the following additional action will be taken on your commercial driving privileges as a result of a conviction for violating K.S.A. 8-1567 or a final determination that you have refused or failed a test, as defined in K.S.A. 8-1013, and amendments thereto.

First Occurrence, as defined by K.S.A. 8-1013(e): 1 year suspension of commercial driving privileges Second Occurrence, as defined by K.S.A. 8-1013(e): permanent revocation of commercial driving privileges

Procedure For Requesting An Administrative Hearing

  • A hearing request may be made either by mailing a written request which is postmarked within 14 calendar days after the date of service of this form, or by sending a written request by electronic facsimile (fax) to the Diversion of Vehicles within 14 calendar days after the date of service of this form. If this was served by you by mail, you will have an additional 3 days, pursuant to K.S.A. 60-206(d).
  • The hearing request must include your full name, driver's license number, birth date and telephone number at which you or your legal representative can be reached if necessary.
  • The hearing request must include your current address. If the address you provided in your written request for a hearing is different than the address on the reverse side of this form, the address in your hearing request will be treated as a change of address pursuant to K.S.A 8-248. All correspondence will be sent to the address provided in the hearing request.
  • The hearing request must state whether you want to have the certifying officer(s) subpoenaed to the administrative hearing. If you wish to contest the facts contained in the officer's certification at the administrative hearing, you have the burden of disproving those facts, and you may need to compel the appearance of the certifying officer(s) to do so. If you fail to request any officer's attendance at the time you make a hearing request, your right to compel that attendance by subpoena will be deemed waived and the Law Enforcement Officer's Certification will be admitted as evidence at the hearing.
  • You must pay a nonrefundable fee of $50.00 at the time of your request for an administrative hearing (check or money order preferred). As such, our office encourages all clients to make the request in advance of 14 days and through the mail as to ensure payment is received within the prescribed timelines.
  • Hearing Location. Upon receipt of your timely written hearing request and fee, a hearing will be scheduled by telephone conference call. You must request that the hearing be conducted in person before a representative of the Director of Vehicles. Any request for an in person hearing must be made at the time you request a hearing. A written notice will be mailed to you setting out the time, date and place of the hearing. Any temporary driving privileges granted by the "pink sheet" will be extended until a final determination is made.
  • Mail hearing request to: Driver Control Bureau
    Attn: Administrative Hearing Section
    P.O. Box 2744
    Topeka, Kansas 66601-2744
    (785) 296-6911
  • Send electronic facsimile (fax) request to: (785) 296-0275
  • Contact the STONE LAW OFFICE to hire an attorney to do all of these things for you as part of their representation.

Your driving privileges will be suspended, pursuant to K.S.A.8-1014, effective the 30th day after the date you receive notice of the department of revenue's intent to suspend your license, unless a timely request for hearing is made (see below). The action taken on your license depends upon whether the officer(s) certified a test refusal or a test failure (a completed test result of .08 or greater) and whether you have any prior "occurrences" on your driving record. "Occurrence" is defined in K.S.A. 8-1013(e), as amended by the 2011 legislature, as "a test refusal, test failure or alcohol or drug-related conviction, or any combination thereof arising from one arrest." Entry into a diversion agreement in lieu of prosecution on a prior occasion is treated as a prior "alcohol or drug-related conviction," pursuant to K.S.A. 8-1013(b)(2). You may request a copy of your driving record in writing from Driver Control Bureau, Division of Vehicles, Kansas Department of Revenue at P.O. Box 12021, Topeka, Kansas 66601 or, visit http://www.ksrevenue.org to print a request form.

Office Location:

Stone Law Office
New Brotherhood Bank Bldg.
753 State Avenue, Suite 388
Kansas City, KS 66101

Cell Phone: 816-516-8000
Phone: 913-281-6601
Fax: 913-281-6602

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Stone Law Office in Kansas City, Kansas, provides criminal defense to clients in the Kansas City, Kansas, metro area, including Lenexa, Overland Park, Shawnee, Lansing, Mission, Merriam, and Leavenworth, and represents both Kansas and Missouri residents charged with federal crimes.