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.