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Lawrence DUI Lawyers

  • 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:  Why 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.   Consider the following points: € By law, a prosecutor in Kansas cannot plea bargain a DUI.  So 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.  The 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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