Lawrence DUI Lawyers
- Bell Folsom:
A drunk driving (DUI) conviction in Kansas carries significant penalties that can result in jail time and loss of your drivers' license. In some circumstances, you may be required to have an ignition interlock device installed in your care, even for a first DUI offense.
- Knox, Johnson, Rockwell & Babbit:
* Drugs
* Traffic
* Assault
* DUI
* Shoplifting
* Probation Violations
* Sex Crimes
* Domestic Battery
* Juvenile
* Expungements
* Robbery
* Burglary
- Strole, Donald:
felonies and misdemeanors, including speeding tickets, DUI, and other alcohol-related offenses
- Johnson & Thadian:
If you have been charged with a crime or you are merely under
investigation, you want a lawyer who fully understands the laws and
procedures of the criminal justice system. You also want an attorney who
knows the stress and anxiety that are part of a criminal prosecution and
who will treat you with compassion and respect.
Kansas DUI Law
The charge of Driving under the Influence of Alcohol or Drugs (also know as Driving While Intoxicated or Operating under the Influence) means that you operated or attempted to operate a vehicle when you were incapable of safely doing so. It is a serious offense that can result in jail time, fines, and the loss of driving privileges.
It is important to seek the skills of an experienced DUI lawyer when you are charged with a DUI in Kansas. DUI defense is a complicated area and in order to defend against a DUI you must be prepared to attack the prosecutionÕs drunk driving evidence. The prosecution will try and prove their case by showing that your blood alcohol level (BAC) was .08 or above or by showing that you performed poorly on field sobriety tests. They will also use other evidence such as poor driving skills, physical appearance, or statements you made to the officer. A seasoned DUI attorney can not only critically examine the results of the breath or blood tests, but he or she can also attack an officerÕs field sobriety training techniques, contest the constitutionality of the initial stop, or even test the reliability and credibility of any witnesses.
Overall, a Kansas DUI case is no different that any other criminal charge. The government has the burden of proving the charge against you beyond a reasonable doubt. This is a very high standard and is the most difficult to prove, but with the ever growing intolerance for people who drink and drive, defending a Kansas DUI is still more complicated today than it ever has been.
If you are charged with a first, second, third, or any subsequent DUI, please contact The Law Office of Johnson & Thadani immediately for a free consultation.
Your DriverÕs License
When you are charged with a DUI, there are two matters that arise: the criminal charges, which can result in jail time, fines, and loss of driving privileges; and the administrative case, which can result in the suspension of your driving privileges. It is important to note the different rules that apply to each.
When you are arrested for DUI in Kansas, the police confiscate your driver's license and give you a pink sheet of paper. The pink sheet is either a DC-27, DC-28 (drivers under 21) or CDL-5 (Commercial Licensees). The pink sheet is your temporary driver's license. You have 10 business days from the date you received the pink sheet from the officer to request an administrative hearing. If you fail to request the hearing within the 10 days, your license will be suspended after 30 days. If you request the administrative hearing in a timely manner, you are permitted to drive until a final decision has been made by an administrative hearing officer. The lawyers at the Law Office of Johnson & Thadani can help you through this process. Contact us today.
At an administrative hearing, your lawyer can raise many issues in your defense. For instance, a lawyer can attack whether nor not there were reasonable grounds to stop you in the first place or even if there were reasonable grounds to believe that you were driving or attempting to drive a vehicle under the influence of alcohol or drugs. Other issues that arise may include: whether you were given the legally required notices, whether the testing equipment and the officer operating the testing equipment were certified and properly administered, whether the information on the paperwork was properly filled out, or whether other due process and constitutional procedures were followed. It is important to understand these issues and even more important to request the hearing in the proper amount of time so your driving privileges are not automatically suspended.
Pursuant to K.S.A. 8-1002, if you refuse or fail to complete a breath test, your license will be suspended for 1 year (plus 1 year interlock restriction) for the first occurrence. Your license will be suspended for 2 years for the second occurrence and 3 years for the third occurrence. A fourth occurrence will result in a 10 year suspension and any subsequent occurrence would result in permanent revocation.
If you failed a test and the test result was .08 or above, but less than .15, your license will be suspended for 30 days and restricted for 330 days for the first occurrence (if you were under 21 on the date of the test your license will be suspended for 1 year). For a second, third or fourth occurrence, your license will be suspended for 1 year followed by a one year interlock restriction.
If you failed your breathalyzer test, with a result of .15 or above, your driverÕs license will be suspended for one year and you will have to have an ignition interlock device on your vehicle for at least one year for the first occurrence. On the second, third, or forth occurrence you will receive two years, three years or four years ignition interlock restriction respectively. If it is your fifth or subsequent occurrence your license will be revoked permanently.
Criminal Consequences
A conviction for a first-time DUI in Kansas is a Class B non-person misdemeanor. The potential sentence is anywhere between 48 hours to 6 months in jail. If convicted of DUI for the first time, it is mandatory that you serve at least 48 hours in jail unless the court orders you to complete 100 hours of community service instead. In addition to jail time, the fine is not less than $500 nor more than $1000. Typically, there are additional court costs and fees as well. You will also have to undergo a drug and/or alcohol evaluation and complete any treatment recommended by that program.
A second conviction for DUI in Kansas is a Class A non-person misdemeanor and the potential sentence is anywhere between 90 days to 1 year in jail. For a second conviction, you must serve at least 5 days. However, after spending at least 48 hours in jail the judge can order that the remaining sentence be served under house arrest or through a work release program. You will also have to complete a substance abuse program and your fines will range anywhere from $1000 to $1500. Our lawyers are familiar with house arrest and work release programs, and assuming you are eligible to participate in either program, our lawyers can help you get set up as soon as needed.
A third conviction for DUI in Kansas is a felony. The potential sentence ranges anywhere between 90 days to 1 year in jail. The mandatory sentence in this scenario is 90 days, but after 48 hours, a judge can order that you finish your remaining sentence through a house arrest or work release program. Again, you have to be eligible for these programs and you have to convince a judge that it is in the community's best interest to allow you to participate. The fine for a third conviction is anywhere between $1500 and $2500.
A fourth conviction for DUI in Kansas is also a felony and just like a third conviction, the mandatory sentence is 90 days in jail. Unlike a third conviction, you must serve 72 hours in jail before becoming eligible for a work release program. The fine for a fourth conviction is $2500. The court can also revoke your license plate or registration for up to one year.
Under statute, you cannot plea to a lesser charge when charged with driving under the influence.
Diversion
If you have never been convicted of any serious crimes or serious traffic offenses (such as driving while suspended, driving without liability insurance, or leaving the scene of an accident) you may be eligible to participate in a DUI diversion program.
A diversion is like a contract between you and the prosecutor. If you can fulfill the terms of the contract, the charges against you will eventually be dismissed. However, you must give up certain rights and meet certain requirements. For instance, when you enter into a diversion, you give up your right to have a trial. Some of your obligations may include payment of fines, payment of restitution (including court costs and diversion costs), maintenance of gainful employment and/or participation in an alcohol abuse program. Again, at the completion of the diversion period, which is usually 1 year, if you have completed all the requirements of the contract, the criminal charge of DUI will be dismissed.
However, there can also be grave repercussions for failing to meet the requirements of your agreement with the prosecution. When you sign a diversion agreement, you agree to a stipulation of the facts upon which the charge is based. If you fail to fulfill the terms of the diversion agreement, the stipulation of facts can be used as an admission of guilt and your case will be placed back on the court docket and you will be tried accordingly. This means that you must admit guilt to the charge of DUI as part of the diversion agreement, and your admission of guilt can be used against you if the diversion agreement is later revoked.
If you apply for and complete diversion, you will likely never be eligible for diversion again. In addition, if you are ever stopped for a subsequent DUI, you will be charged as though you were convicted of the first DUI (i.e. if you get a diversion on the first DUI, then get charged again you will be charged with a second DUI).
- Whitman Law Offices:
If you have been arrested for an alcohol or drug-related offense in Douglas County or the surrounding area, or for any other type of criminal activity, you may have a lot of questions. What will the penalties be? Will I be able to stay out of jail? Can I make this go away and, if not, can I keep this discreet? When you are faced with the uncertainties that a criminal charge brings, you need an experienced lawyer to help you navigate the criminal justice system and protect your rights.
- John Kerns:
A DUI charge can wreak havoc on your record well into the future. Take steps now to avoid fines, jail time, loss of your driver's license, and rising auto insurance rates.
- Newell Law Office:
Help! I got a DUI!
Know Your Rights. Take Action.
This is for informational
purposes only and should not be construed as legal advice or as creating
an attorney-client relationship with the reader.
What you should know:
1.)
If you are arrested for DUI, you have 10 calendar days to take
action, at which time, your license is suspended and the consequences
begin. You are entitled to an administrative hearing before your
license is suspended, but only if you request one within the 10 day
deadline. This is an absolute deadline.
2.)
A charge of DUI in Kansas, initiates 2 separate cases: an
administrative case (in which your driving privileges are in jeopardy)
and a criminal case (in which you face a potential criminal conviction
and penalties)
3.)
In Kansas, a DUI never, ever falls off your record, and will be
used against you if you ever get another DUI during your lifetime.
4.)
Some will tell you that you should just plead guilty and get it
over with, others will urge you to apply for a diversion. Even
experienced lawyers may disagree on how you should proceed. Just know
that a charge of DUI can have a severe impact on your driving record and
on your life. Every DUI case is complex, different and depends on the
details of your particular arrest. If you choose to hire an attorney to
represent you, you should do so as soon as you possibly can after your
arrest, so she can gather evidence, issue subpoenas and explore your
options to the fullest extent possible.
Penalties and Consequences:
1.) In
Kansas, a first conviction for DUI is a Class B
misdemeanor which carries:
a.)
2 days 6 months in jail (for the criminal case), and
b.)
$500 - $1000 fine (for the criminal case), and
c.)
30 days suspension of driver's license (for the administrative
case)
d.)
completion of an alcohol and drug evaluation and completion of
whatever treatment is recommended by the evaluator.
e.)
You may receive probation, but you will still have to do the 2
days in jail or 100 hours of community service, pay the fine and
complete the evaluation process. Your driver's license will still be
restricted for 330 days, even after your suspension is over with.
2.) If
you are offered and approved for a diversion (which may
entail diversion fees, court costs, good behavior, community service, an
alcohol evaluation, etc.), your charges may be dismissed, but the
diversion will stay on your driving record forever, and if you ever get
another DUI, it will be charged as a second offense, even though the
prosecution dismissed your first offense.
3.) In
Kansas, a second conviction for DUI is a class A
misdemeanor which carries:
a.)
90 days to one year in jail, and
b.)
completion of a substance abuse program, and
c.)
$1000 - $1500 fine
d.)
one year suspension of driver's license
e.)
You may receive probation but still would have to do 5 days in
jail, 3 of which may be house arrest. If you receive probation you
would still have to complete a treatment program, pay the fine, and your
driver's license would be given an interlock restriction even after your
suspension period ends.
4.) In
Kansas, a third conviction for DUI is a felony, and the
penalties increase dramatically, as they do with each additional DUI.
An attorney can help you determine if your charge has been filed as a
felony, and what options are available.
5.)
Other consequences for a DUI conviction include: Loss of, or
increased premiums for auto insurance, inability to rent a car,
difficulty traveling to Canada for example, adverse decisions for school
admissions or scholarship maintenance, loss of employment, and many
miscellaneous expenses such as: driver's license reinstatement fees,
probation fees, urinalysis fees, court costs, diversion fees, cost of
evaluations and treatment.
What should I know if I get pulled over for
DUI?
1.) An
officer may stop you for even the slightest driving infraction, and in
some cases, even when there is no infraction at all.
2.) You
do not have a right to an attorney at the time you are stopped. You
only have a right to an attorney after you have submitted to (or
refused) a breath, blood or urine test. Nevertheless, you always have
the right to remain silent and to decline to answer incriminating
questions about your consumption, destination, etc.
3.) In
Kansas, the law of Implied Consent, requires you to submit to a test of
your breath, blood or urine. Failure to submit to these tests can
result in harsh penalties.
4.)
However, unlike with breath, blood or urine tests, there is no penalty
for refusing to take field sobriety tests, such as the walk and turn
test, ABC test, one leg stand test, and other such roadside tests, even
if the officer commands you to submit to the tests.
5.) You
have a right to a trial when you are charged with DUI. You also have a
right to a hearing before your license is suspended, if
you request one within 10 calendar days of your arrest.
- Clark & Haggard:
Q: ÊWhy is it generally a bad idea to plead guilty to a DUI charge in Kansas?
The reason for not pleading guilty to a DUI, even if you think you are guilty, is that it doesn't do you any good. Ê
Consider the following points:
¥ By law, a prosecutor in Kansas cannot plea bargain a DUI. ÊSo even though a prosecutor can allow
someone charged with attempted murder plead to aggravated assault, thereby significantly reducing the
possible punishment, a prosecutor cannot allow someone charge with a DUI to plead guilty to a different
charge (such misdemeanor reckless driving) in order to avoid the mandatory punishments that
accompany a DUI conviction in Kansas.
¥ If you plead guilty, you waive your right to a trial and most certainly will be found guilty. If you plead not
guilty and go to trial, you may still be found guilty but, you might be found not guilty. ÊThe key point is -
You usually have nothing to lose and everything to gain by taking a DUI case to trial.
- Swain Law Office:
If you are charged with driving under the influence in Kansas, you face
the possibility of losing your driver's license. The state will bring
both a criminal case and a civil case against you. The civil case is an
administrative hearing at which you have the chance to protest losing
your driver's license.
- Kevin Kelly:
If you are tested with a blood alcohol content of .08% or higher- after
July 1, 1993- within two hours of operating or attempting to operate a
motor vehicle, that is considered sufficient intoxication to create the
presumption of Driving Under the Influence (DUI). Evidence in addition
to a breath test- such as field coordination tests, the defendant's
appearance and manner, statements, and similar considerations- can also
be used to "make a case" against a defendant accused of DUI, including
against those who have refused to take a breath test (such a refusal
can also be used as evidence against a DUI defendant).
For a person less than 21 years of age who is charged with a DUI, the
breath alcohol content level for a "presumption" of DUI is .02 %,
significantly less than the .08% for those over 21.
A refusal to take and complete a breath test, blood test, or urine test
when properly requested by an arresting officer may result in the
suspension of a person's driving privileges for one year. A failure of
the test may result in a 30 day suspension period followed by a 330 day
restriction period.
Some period of suspension or revocation of the defendant's driving
privileges is required on the occurrence of the refusal or a failure of
a properly requested breath test, even if there is no actual
conviction.
- Michael Clarke:
It is per se illegal to drive
a vehicle in Kansas with a
blood alcohol level of
0.08 or more. ¥However,
did you know that there
are other reasons for
which you can be
convicted? ¥For example,
you can be convicted of
DUI if the prosecution can
prove that, regardless of
your blood alcohol level,
you were under the
influence of alcohol
and/or drugs to a degree
that rendered you
incapable of safely
driving a vehicle. ¥See
K.S.A. 8-1567.
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