The Process of DUI Sentencing
Have you been arrested or charged with a DUI offense? If so, the ruthless process of the criminal justice system has already started and you need to act quickly to defend your rights. DUI charges can be complex matters because you will be facing both a criminal and civil case with the possibility of severe consequences. From the moment you are charged, you will have a mere 14 days to request an administrative hearing to save your driver’s license.
At an administrative hearing, an officer will determine if your license will be suspended and for how long. In order to have the best chance of keeping your license, it is highly recommended that you enlist the help of a skilled DUI attorney. Administrative hearings specifically address the chemical testing refused or failed in your case, and you need to be prepared with a strong defense. If you were charged with a DUI in the state of Kansas, you must be able to prove your innocence in the Kansas Department of Revenue administrative hearing. You will automatically be assumed guilty until you can do so.
There are several defenses that you can utilize during your administrative hearing. In order to fight the test results that led to your arrest, you must prove that the implied consent notice was never given or that the standard testing procedure was not followed correctly. A DUI lawyer can help you gather the necessary evidence to prove these claims and can represent your rights throughout the hearing as well. Keep in mind that administrative hearing officers do not have the experience and training of a judge, and so it may be more difficult to prove your innocence.
If you are unhappy with the ruling at the administrative hearing, you have 10 days to appeal the decision to the District Court. Filing an appeal is extremely time consuming and meticulous, but a lawyer can take care of doing this for you. In addition to an administrative hearing, you will also be required to appear before court. This is where the criminal aspect of your charges will be tried, and punishment will be determined. It is equally, if not more, important to have the legal support and representation of a DUI attorney during your court hearing. The penalties for a DUI conviction can range from jail time to hefty fines and mandatory alcohol treatment programs. The right Olathe DUI lawyer for your charges will provide you with in-depth information about this legal process and will help you build a strong and effective defense for your hearing and trial.