Asker
Posted over 14 years ago.
In KS, refusal is heard by DMV and not the court/judge. When you are charged with DUI in KS, there are two proceedings: DUI offense in court and test refusal/failure in DMV( called administrative suspension).
One proceeding is independent of others. So, if you are free from court on DUI offense and face no license suspension from court, you still can face administrative suspension for chemical test failure(<0.08)/chemical test refusal. And when you are guilty of DUI in court and may not face license suspension through administrative hearing but administrative hearing can’t overrule court’s decision to suspend the license. So, I was not guilty of DUI. Chemical test result is used by DA to prosecute you in court for DUI and if you refuse, it is just hard for them to prove you were drunk beyond a reasonable doubt. So, they take other evidence to prosecute you.
DUI is a criminal offense whereas test refusal is a civil lawsuit brought to you by KS DMV for test refusal or failure. For administrative hearing, there is no judge, no prosecutor; only DMV official, me and my lawyer. Actually, my lawyer told me that I don’t even need to be there for hearing. So, basically my lawyer and DMV official. So, in this case, since I don’t have OWI/DUI conviction from court, can license suspension through civil lawsuit be used by WI to suspend my license for test refusal?
Michael R. Cohen Eau Claire DUI / DWI Attorney
Posted over 14 years ago.
It sounds like what you are talking about at this stage is an administrative hearing only that would not count in WI but until all of your issues are resolved in court and with the DOT one can not say what is going to happen to your license here in WI. If however all that you have is an administrative suspension and nothing else you likely will have a good argument to prevent action on WI on your license here but it will depend on what exactly is the nature of the action and how and by whom in KS to be sure.
Asker
Posted over 14 years ago.
Yes, all I have left is administrative hearing. I don't have conviction for test refusal and DUI from court. When I called DOT of WI, they said if they receive notification from court for DUI, they ll suspend the license but the operator was not sure about administrative suspension of KS. WI DOT has a handbook that outlines the license suspension period, but nowhere it has mentioned about the out of state test refusal suspension.
Asker
Posted over 14 years ago.
Thanks for the answer. In KS, refusal is taken by DMV not the court.For refusal, DMV set up administrative hearing. In court, prosecutors claim refusals as admission of guilt and try to convict in DUI. But if you win, KS court doesn't take further action for refusals. After that it is totally upto DMV whether to suspend license or not by doing administrative hearing. In administrative hearing, there is no judge, no prosecutor only DMV employee, me and my lawyer. If I was convicted of DUI by judge in the court, then that would trigger suspension automatically.But this administrative suspension by DMV is totally different beast.