Effects of a Drug Arrest on Your Driver’s License

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Effects of a Drug Arrest on Your Driver’s License

Effects of a Drug Arrest on Your Driver’s License
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Your drug arrest in Kansas may feel overwhelming, but the part that usually hits hardest is the fear of losing your license and not being able to work or take care of your family. The paperwork in your hand may be confusing, and no one at the jail or courthouse likely took the time to explain what it really means for your right to drive. You may already be wondering if you will still be able to get to your job in Wichita or pick your kids up from school next week.

In Kansas, a drug arrest can affect your driver’s license in ways that are not obvious at the time of the stop. There is the criminal case that shows up on your court notice, and there is a separate process through the Kansas Department of Revenue that can suspend your license, sometimes before your first court date. Understanding how these two paths work and where the deadlines are can make the difference between keeping limited driving privileges and facing a long suspension.

At Hulnick, Stang, Gering & Leavitt, we concentrate our practice on criminal defense in Wichita, Sedgwick County, and South Central Kansas, including DUI and drug cases where license issues are front and center. Our senior partner is Board Certified by the National College for DUI Defense, and our team has more than 80 years of combined experience working within the Kansas system. In this guide, we share how a drug arrest can affect your Kansas driver’s license and what you can do right now to protect yourself.

How a Drug Arrest in Kansas Puts Your Driver’s License at Risk

Many people assume that only alcohol DUIs affect a Kansas driver’s license. Others believe nothing happens to their license until there is a conviction. In reality, certain drug arrests can trigger license consequences very quickly, even when your criminal case is just beginning. If drugs are suspected as a cause of impaired driving, or if a traffic stop leads to specific charges alongside driving violations, your license can come under scrutiny right away.

When you are arrested in Kansas, two different parts of the system react. The criminal side is what most people recognize, which includes arraignment, pretrial hearings, and possibly trial. At the same time, the Kansas Department of Revenue, often called KDOR, may start an administrative case against your driving privileges based on the arrest, chemical test results, or a refusal to test. KDOR decisions about your license do not wait for the criminal court to finish, and they follow their own procedures.

Drug-related DUIs almost always carry direct license consequences. Other drug charges can affect your license when they arise out of a traffic stop, combine with existing driving violations, or lead to probation terms that restrict driving. The key point is that your license can be at risk because of the arrest itself, because of what happened during testing, and because of how the charges are handled over time. We see these patterns regularly in Wichita and across South Central Kansas, which is why we focus on the license impact from the very beginning of a case.

Criminal Charges vs. KDOR: Two Separate Tracks After a Drug Arrest

After a drug arrest in Kansas, your case typically moves on two tracks that can affect your license. The first track is the criminal case in the county or municipal court. That case will involve your first appearance or arraignment, pretrial conferences where your attorney negotiates with the prosecutor, possible motions to suppress evidence, and, if needed, a trial. A conviction on a drug DUI or certain related offenses can result in mandatory license suspensions or restrictions ordered by the judge as part of the sentence.

The second track is the administrative action through KDOR. This process is not handled by the same judge who hears your criminal case. Instead, KDOR reviews forms submitted by law enforcement, such as notices of test failure or refusal, and then initiates a civil action against your driving privileges. KDOR sends or hands out paperwork that explains when your current driving authority will expire and how long a suspension is proposed to last. The standard of proof and the issues considered in a KDOR hearing are different from what a criminal court looks at.

What surprises many drivers is that these tracks are partly independent. You can resolve your criminal case favorably and still face an administrative suspension if you did not request a KDOR hearing in time. On the other hand, a successful challenge at a KDOR hearing can sometimes protect your license even if the criminal case is still pending. Our team, with over 80 years of combined criminal defense experience in Sedgwick County and South Central Kansas, understands how these tracks interact in real cases and prepares a strategy that addresses both from day one.

Drug DUI Arrests and Kansas License Suspensions

A drug DUI in Kansas generally involves driving or attempting to drive a vehicle while impaired by illegal drugs, prescription medications, or a combination of substances that affect your ability to operate a vehicle safely. Officers in Wichita and throughout Kansas look for signs of impairment that do not match a typical alcohol case, such as unusual eye movements, slow responses, confusion, or the presence of pills or other substances in the vehicle. If they suspect drugs, they may call in drug recognition evaluations and request blood or urine tests rather than relying solely on a breath test.

The outcome of that chemical test can have a major impact on your license. A test that shows the presence of certain drugs, when combined with evidence of impairment, can lead KDOR to seek suspension. A refusal to take a requested blood or urine test, after implied consent warnings are given, is often treated more harshly from a license standpoint than a failed test. Refusals commonly expose drivers to longer suspension periods and stricter requirements before any limited driving privileges are available.

For a first-time drug DUI incident, Kansas drivers often face a suspension period followed by possible eligibility for a restricted license, usually with an ignition interlock device. For drivers with prior DUIs, whether alcohol or drug related, the suspension periods and ignition interlock requirements generally increase. Exact lengths and conditions depend on the specific circumstances, criminal history, and whether the issue involves test failure or refusal. Because the rules are complex and can change over time, we routinely review each client’s record and the current law to map out how a particular drug DUI will likely affect their Kansas driver’s license.

Our senior partner, Leslie F. Hulnick, is Board Certified by the National College for DUI Defense, which reflects advanced training in handling DUI cases, including those involving drugs rather than alcohol. That background matters in drug DUI license cases, where the quality of the arrest, the administration of implied consent warnings, and the handling of blood or urine samples can all become grounds for challenging both the criminal charge and the proposed suspension. We apply that depth of knowledge to find issues in testing and procedure that might otherwise be overlooked.

What Happens to Your License After Other Drug Charges in Kansas

Not every drug arrest in Kansas involves a DUI charge. Many people are stopped for a minor traffic issue in or around Wichita, and officers then find drugs or paraphernalia in the vehicle. In those cases, you may face possession, paraphernalia, or distribution-related charges without any accusation of impaired driving. The immediate impact on your license is often different, but there can still be serious long-term consequences if the situation is not handled carefully.

Simple possession alone does not always create an automatic suspension the way a drug DUI can. However, these cases often travel with traffic charges, past driving record issues, or probation conditions that can affect your ability to drive. For example, a person with a prior suspended license, multiple failure-to-appear warrants, or previous DUI history may see their overall driving status put under the microscope once a new drug case is on the table. Judges can also impose license-related conditions as part of probation or diversion agreements, such as restrictions on driving or requirements to complete certain programs.

Drug convictions can also influence your future in less obvious ways. Insurance companies may raise premiums or cancel coverage after certain convictions, making it harder to stay on the road legally. Prior drug or DUI convictions can change how future cases are charged, which then affects suspension lengths if another driving-related arrest occurs. Because our firm handles both drug crimes and traffic violations, we are used to untangling how a simple traffic stop that turns into a drug arrest can ripple through someone’s driving record in ways they did not expect.

Short Deadlines: How to Request a Kansas License Hearing After a Drug Arrest

One of the most urgent problems after a drug arrest in Kansas is the short deadline to request a KDOR hearing. When officers suspect a drug DUI or process a test failure or refusal, they typically complete a form that serves as both a temporary license and a notice that your driving privileges will be suspended on a specific future date. You generally have only a brief window, often a matter of days rather than weeks, to request an administrative hearing to challenge that suspension.

The hearing information is often printed in small type on the back or bottom of the paperwork you received at the time of arrest. Many drivers set those papers aside, focusing instead on the appearance date for the criminal case listed at the top. By the time they realize KDOR is involved, the deadline to request a hearing has already passed, and the suspension is locked in. One of the first things we do when someone contacts our office is review every page of their arrest documents to identify the hearing deadline and make sure it is not missed.

A KDOR license hearing is not a full-blown jury trial, but it is still a real legal proceeding where evidence and testimony can be presented. Typical issues include whether the officer had a lawful basis to stop your vehicle, whether there was probable cause to arrest you for DUI, whether implied consent warnings were given correctly, and whether the blood or urine sample was collected and handled according to required procedures. We also look closely at whether the forms were filled out completely and accurately, because paperwork errors can matter in an administrative forum.

Because these hearings are tightly tied to deadlines and specific technical issues, acting quickly is essential. At Hulnick, Stang, Gering & Leavitt, we offer free, same-day consultations and can often review KDOR paperwork over the phone on very short notice. That speed allows us to help you decide whether to request a hearing, how to prepare for it, and how it should fit into your broader defense strategy in Sedgwick County or surrounding courts.

Restricted Licenses, Ignition Interlock, and Getting Back on the Road

Even if a suspension goes into effect, many Kansas drivers want to know whether there is any way to keep driving legally. In many situations, Kansas law allows drivers to apply for restricted driving privileges after serving a portion of a suspension, often with an ignition interlock device installed in the vehicle. The exact timing and eligibility depend on factors like whether this is a first incident, whether there was a test refusal, and what your prior driving record looks like.

A restricted license usually allows driving for specific purposes, such as going to and from work, school, medical appointments, and sometimes treatment or court-related obligations. The ignition interlock device requires you to provide a breath sample before the vehicle will start, and may require periodic samples while you drive. Failing or skipping these tests can lead to violations that extend the period of restriction or create new legal problems, including new charges for driving contrary to license conditions.

Drug DUI cases can still involve ignition interlock even when alcohol is not the main substance at issue. Kansas’ approach to DUI penalties generally ties the presence of impairment, prior history, and test behavior together, so a driver with a mixed alcohol and drug case or prior alcohol DUIs may still face interlock requirements. Our role includes mapping out when you might be able to apply for a restricted license, what conditions would likely apply, and what you need to do during and after the suspension to move toward full reinstatement.

Because we take a thorough approach to each client’s driving history and case details, we can provide a realistic picture of what getting back on the road looks like. That includes discussing the costs and logistics of ignition interlock, the importance of strict compliance with any restricted license, and how future offenses would affect your ability to drive in Kansas.

Common Mistakes Kansas Drivers Make After a Drug Arrest

In the confusion that follows a drug arrest, many people unintentionally make choices that make their license situation worse. Recognizing these mistakes can help you avoid adding new problems on top of an already stressful event. The first and most common error is simply ignoring KDOR paperwork or assuming it is a duplicate of the criminal charging documents. When that happens, drivers often miss the window to request a hearing, and the suspension takes effect automatically.

Another serious mistake is driving on a suspended license, either because the person did not understand that the suspension had begun or because they felt they had no other option. In Kansas, driving on a suspended license can lead to new charges, fines, possible jail time, and longer suspensions. This can turn a manageable situation into a long-term barrier to getting fully reinstated. If your license has been or will be suspended, it is crucial to understand precisely when you may drive, under what conditions, and what steps you must complete first.

Many drivers also operate under misconceptions about testing. Some think that refusing a blood or urine test will protect them from license consequences. In Kansas, the opposite is often true. Refusal commonly results in longer suspension periods and more restrictive options for limited driving. Others believe that only alcohol DUIs affect licenses, or that if the prosecutor later reduces or dismisses the charge, the license will automatically be restored. Administrative actions do not always track criminal plea agreements, so these assumptions can lead to unpleasant surprises.

We see these patterns repeatedly in Wichita and neighboring communities. By understanding where people commonly go wrong, we can help new clients avoid the same traps and focus on choices that improve their position instead of accidentally making it worse.

How Hulnick, Stang, Gering & Leavitt Approach Drug Arrest License Cases in Kansas

When someone contacts our office after a drug arrest, we start with a focused review of their situation. That usually means going through every document they received from law enforcement, the jail, and KDOR, and then asking detailed questions about the stop, the arrest, and any testing. We look for deadline dates related to administrative hearings, note when any temporary license expires, and identify which court will handle the criminal charges. This early work allows us to prioritize actions that can still change the outcome, such as requesting a KDOR hearing on time.

From there, we build a coordinated defense strategy that addresses both the criminal case and the license case at the same time. On the criminal side, we may challenge the legality of the traffic stop, the grounds for arrest, or the handling of any search or chemical test. On the KDOR side, we evaluate whether implied consent warnings were given correctly, whether the officers followed required procedures for blood or urine collection, and whether the administrative forms were properly completed. Treating these paths as part of a single plan instead of separate, disconnected problems often creates better overall results.

Our team brings more than 80 years of combined criminal defense experience to these matters, along with recognition such as the Martindale-Hubbell AV Preeminent Rating and completion of advanced coursework at Harvard Law School. Those credentials reflect the depth and ongoing development of our legal skills, which we apply directly to protecting our clients’ ability to drive. Because we focus on DUI, drug crimes, and traffic violations in Wichita, Sedgwick County, and South Central Kansas, we understand local practices, prosecutors, and judges, and how those factors affect real cases.

We also know that clear communication matters just as much as legal analysis. Clients facing license suspensions are often worried about how they will keep their jobs, meet family responsibilities, and stay compliant with court and KDOR requirements. We explain options in straightforward language, set realistic expectations, and keep clients updated as their cases move forward. Our office offers free consultations and same-day appointments, including phone consultations, so people facing fast-moving license issues can get answers without delay.

Protect Your Kansas License After a Drug Arrest

A drug arrest in Kansas does more than put a criminal charge on your record. It can quickly threaten your ability to drive through both the court system and KDOR, sometimes before you fully understand what is happening. The good news is that there are specific steps you can take to protect your license, from requesting timely hearings to exploring restricted privileges and challenging the basis for suspension.

Every situation is different, and the paperwork in your hands tells an important part of your story. If you have been arrested on a drug-related charge and are worried about your Kansas driver’s license, we can review your documents, explain your deadlines, and outline a plan tailored to your case. Contact  Hulnick, Stang, Gering & Leavitt to talk with a criminal defense attorney who handles drug and DUI license issues throughout Wichita and South Central Kansas.

Call (316) 665-7227 to schedule a free consultation today.