If you request an administrative hearing, in a timely manner, your driving privileges cannot be suspended until a decision has been made by the hearing officer. Prior to the hearing, you can subpoena certain documents and witnesses who may have information about your case. At the hearing, a number of issues can be raised in your, defensedepending on the facts of your caseincluding, but not limited to, whether the officer had reasonable grounds to believe that you were operating or attempting to operate a vehicle while under the influence of alcohol or drugs, whether you were given the statutorily required notices, whether your actions constituted a legal refusal to take the test, whether the testing equipment and the officer operating the machine were certified by the Kansas Department of Health and Environment (KDHE), whether the testing procedures were in substantial compliance with KDHE rules and regulations, whether the test result was .08 or greater, and whether you were operating or attempting to operate a vehicle, and due process or other constitutional issues. Again, it is extremely important to request the administrative hearing within 10 days. Failure to do this will result in the suspension of your driving privileges without a hearing.
This FAQ provided courtesy of
Hulnick Law Offices.
