Can I Apply for Modified Driving Privileges After Being Charged With a DUI? | Wichita DUI Attorney

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Feb 06, 2024, 16:00 ET

WICHITA, Kan., Feb. 6, 2024 /PRNewswire/ -- After a DUI charge, nothing becomes more apparent than the fact that driving on public roads and streets is a privilege. The inconvenience of having your friends and family shuttle you around or relying on rideshare apps like Uber or Lyft makes many people wonder: can I apply for modified driving privileges after being charged with a DUI? Our Wichita DUI attorneys at the McConnell Law Firm are experts in all things DUI-related and are answering your questions below. Keep reading to find out if you are eligible to apply for modified driving privileges in Kansas!

What Is a License Suspension?

While many people use the terms "revoked license" and "suspended license" interchangeably, they are not the same and have different implications. In cases of suspension, where drivers experience a temporary withdrawal of driving privileges, individuals may have the opportunity to apply for modified privileges during the suspension period. In contrast, a license revocation, the indefinite withdrawal of driving privileges, requires a more comprehensive process and may result in the individual needing to reapply for a new license after a specified period.

"A suspended license generally means there are things a driver needs to do or a time period they need to wait to get their license unsuspended," said Erica Ramstad Whitsell, Wichita DUI attorney at the McConnell Law Firm. "This can be anything from submitting a form to blowing into an interlock device to simply waiting out the period. A revocation means you generally don't have any ability to regain your driving privileges at the time."

Reasons for Suspension

Before detailing the process of applying for modified driving privileges, it's important to understand why your license may be suspended. In Kansas, license suspension can result from various infractions, including, but not limited to, the following:

DUI Convictions—Driving under the influence of alcohol or drugs is one of the most common causes of a license suspension.

Traffic Violations—The Kansas Department of Revenue tracks moving violations and a certain amount of moving violations within a specific time frame can lead to a license suspension.

Failure To Pay Traffic Fines—Failing to pay fines or appear in court for traffic violations may result in license suspension.

Driving Without Insurance—Operating a vehicle without valid insurance is a serious offense that should not be overlooked, as it can lead to license suspension.

Eligibility Criteria

Kansas law outlines specific eligibility criteria for individuals seeking modified driving privileges after a DUI charge. Eligibility factors may include the nature of the DUI offense, your criminal history, the completion of required alcohol education or treatment programs, and compliance with court-ordered penalties. It's important to note that eligibility criteria may vary based on individual circumstances, and consulting with an experienced criminal defense attorney is highly advisable when navigating the intricacies of the application process.

Navigating the Application Process

Applying for modified driving privileges in Kansas is relatively straightforward, but it still involves a series of steps, including submitting a formal application to the Kansas Department of Revenue along with payment of the processing fee.

"Applying for modified driving privileges consists of a simple application to the Kansas Department of Revenue," said Whitsell. "If you're required to use an interlock device as a stipulation of your driving privileges, be aware that there's an ignition interlock affordability program that mandates your interlock provider cut the cost in half."

*To apply for modified driving privileges in Kansas, get started by registering with the Kansas Department of Revenue Customer Service Center.

Have You Been Accused?

If you need assistance regaining your driving privileges, we encourage you to contact the McConnell Law Firm as soon as possible. While every case is different, and no conclusions should be drawn without first consulting one of our Wichita DUI attorneys about the specifics of your case, it is always in your best interest to have a skilled attorney by your side from the beginning.

Request a Free Consultation

Do you or a loved one need the assistance of an expert criminal defense attorney in Wichita? We encourage you to contact the McConnell Law Firm at (316) 243-5903 for a free consultation.
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SOURCE McConnell Law Firm