WHAT ARE ADMINISTRATIVE DRIVER'S LICENSE HEARINGS? (DL HEARINGS) 

Administrative Drivers' License hearings are conducted by the Department of Revenue. These hearings are completely separate from the criminal case. Court Watch monitors these hearings to gain further knowledge of cases, as well as the criminal justice process, and also to support police officers.

A DUI arrest can result in two kinds of licensing actions.  The first is a pre-conviction administrative suspension, which is carried out by the arresting officer as an “administrative action” on behalf of Department of Revenue.  The officers decision to suspend the defendant’s license is either affirmed or dismissed at the Driver’s License Hearings. The second is a judicial post-conviction action ordered by the court. A single DUI arrest will generally result in both an administrative and a mandatory post-conviction suspension action. 

The primary purpose of license suspension is not to serve as a punitive measure or as a deterrent threat, but as a way of protecting the general public from a potentially dangerous driver immediately, and not waiting for the defendant to go through the entire judicial process before receiving a post-conviction suspension. 

National Hardcore Drunk Driver Project.  The Century Council. www.centurycouncil.org

WHY DO WE CONDUCT DRIVER’S LICENSE HEARINGS?

Regardless of the offense, all defendants possess constitutional rights and this includes the right to contest the arresting officers certification of suspension of their driver's license. 
According to, “Kansas DUI Laws-DWI Laws,” “Kansas DUI law provides you with the right to an administrative hearing wherein you or your lawyer can challenge the grounds upon which your license is suspended.”  It further states that, “Think of it as though the Department of Revenue has 2 chances to suspend your license: once at the Administrative Hearing and again at Court.” 
It is important to understand that just because a person is able to obtain a dismissal administratively, this does not ever guarantee a dismissal in criminal court. 

Kansas DUI-Kansas DUI Penalties-Kansas DWI Laws. [Electronically Retrieved] on 07/29/2010 from: www.1800dialdui.com/.../DUIDWILaws/DUIDWILaws-Kansas-DUI-DWI-Laws.asp -
 

 

DUI Victim Center of Kansas•355 N. Waco, Suite 220•Wichita, KS 67202•316.262.1673

KANSAS HELPLINE: 1.800.873.6957