At an administrative hearing you have the burden of proof to demonstrate that your license should not be suspended. You have the right to cross examine the police officer concerning the facts that led to your arrest.
This is for informational purposes only and should not be construed as legal advice or as creating an attorney-client relationship with the reader. You should consult an attorney for advice regarding your individual situation.
If you are 21 or older and fail a breath or blood test with an alcohol level of 0.08 to 0.149, and fail to request an administrative hearing or lose your administrative hearing, the following suspension will be imposed:
1st Occurrence: 30 day suspension of driver's license followed by 330 days of restrictions.
2nd Occurrence: 1 year suspension of driver's license followed by 1 year of driving only a motor vehicle equipped with an ignition interlock device.
3rd Occurrence: 1 year suspension of driver's license followed by 1 year of driving only a motor vehicle equipped with an ignition interlock device.
4th Occurrence: 1 year suspension of driver's license followed by 1 year of driving only a motor vehicle equipped with an ignition interlock device.
5th Occurrence: Permanent revocation of driver's license.
If you are 21 or older and fail chemical testing with a blood alcohol level of 0.150 or higher, and fail to request an administrative hearing or lose your administrative hearing, the following suspension will be imposed:
1st Occurrence: 1 year suspension of driver's license followed by 1 year of driving only a motor vehicle equipped with an ignition interlock device.
2nd Occurrence: 1 year suspension of driver's license followed by 2 years of driving only a motor vehicle equipped with an ignition interlock device.
3rd Occurrence: 1 year suspension of driver's license followed by 3 years of driving only a motor vehicle equipped with an ignition interlock device.
4th Occurrence: 1 year suspension of driver's license followed by 4 years of driving only a motor vehicle equipped with an ignition interlock device.
5th Occurrence: Permanent revocation of driver's license.
If you refuse to submit to chemical testing to determine your breath or blood alcohol concentration and fail to request an administrative hearing or lose your administrative hearing, the following suspension will be imposed:
1st Occurrence: 1 year suspension of driver's license followed by a year of driving only a motor vehicle equipped with an ignition interlock device.
2nd Occurrence: 2 year suspension of driver's license.
3rd Occurrence: 3 year suspension of driver's license.
4th Occurrence: 10 year suspension of driver's license.
5th Offense: Lifetime suspension of driver's license.
If you were under 21 and you fail a breath or blood test with an alcohol level of 0.08 to 0.149, you face a 1 year suspension of your driver's license.
If you were under 21 and you fail a breath or blood test with an alcohol level of 0.15 or
higher face a 1 year suspension of your driver's license followed by another year of driving only a motor vehicle equipped with an ignition interlock device.
If you were under 21 and your alcohol level was between 0.02 and 0.079 you face a 30 day administrative suspension of your driver's license followed by 330 days of restrictions. You may or may not be charged with the crime of DUI under these circumstances, at the discretion of the prosecutor.
For the diligent DUI representation your case deserves contact the Kerns Law Office at (785) 371-4159. We are accessible to our clients whenever we are needed. Contact us for a free initial consultation.
