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  1. #1
    Join Date
    Aug 2010
    Posts
    1

    Default Suspended Driver's License Due to BAC Test Refusal

    My question involves criminal law for the state of: Kansas

    I was stopped for a DUI 10/09 and refused to take the breath tests. The officer took my license and kept it that night. I do understand that under KS state law your license is suspended for 1 year for refusal to take the breath test.

    My question; is my license suspended for 1 year from the night of 10/09 when I was stopped for the DUI and the officer took my DL or from 5/10 which is the date I received a diversion for 1 year beginning 5/10 when the agreement was signed?

    Thank you in advance for your help.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Suspended Driver's License Due to BAC Test Refusal

    You can get two types of driver's license suspension - an administrative suspension and a judicial suspension. If you are telling us that your license was suspended for a year administratively for refusing the breath test, and that you also were suspended for a year as part of your criminal case, the criminal suspension would normally start on the date of sentencing even if your administrative suspension started sooner. The administrative suspension would normally start on or around the date of your offense.

    You should inquire with the DMV or order a copy of your driving record.

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