THE LAW OFFICE OF DENISE KIRBY        KANSAS CITY'S AWARD-WINNING DWI DEFENSE        816-221-3691

THE LAW OFFICE OF DENISE KIRBY
KANSAS CITY'S AWARD-WINNING DWI DEFENSE
816-221-3691

NOT AN ORDINARY CITY.
NOT AN ORDINARY ATTORNEY.

What if I Test Above .08?

If you took a test that resulted in a BAC reading of .08 or more (blood, breath, or urine), we must request an administrative hearing within 15 days of the date you were served notice of the suspension. This is usually served at the time of arrest, and includes a temporary license. If a hearing isn’t requested within 15 days, your driving privilege will be suspended. If you requested a hearing in time, an administrative hearing will then take place in front of a hearing officer where witnesses can be called to testify and be examined.

They can be the officers, expert witnesses, passengers, etc. There is no jury. The hearing officer not only hears the matter, but also adjudicates it. This is a civil case, so the burden of proof in this administrative hearing is not as stringent as what is required in criminal court – in other words, weaker evidence can be used to decide what will happen to your license than is needed to convict you of a criminal DWI charge. Once the evidence has been presented, the hearing officer will take it under advisement and make a ruling usually within seven to 10 days.

(816) 221-3691