Manhatten DUI Lawyers
- Knutson, Colt:
Felonies
Misdemeanors
Drug Cases – Possession & Sale
DUI
Driving While Suspended
Juvenile Matters
Expungement of Criminal Records
- Addair Thurston:
Nobody wants to go to court. But when circumstances force you into an unfortunate legal entanglement, it pays to have strong counsel and representation on your side.
- Huser Law Office: An experienced
attorney can review the case for defects, suppress evidence, compel
discovery of such things as calibration and maintenance records for the
breath machine, have blood or chemical samples independently analyzed,
negotiate for a lesser charge or reduced sentence, obtain expert
witnesses for trial, contest the administrative license suspension, etc.
Never plead to an offense until you have talked to an attorney first, no
matter how insignificant you think the offense is. Many crimes or
traffic offenses have what is referred to as "collateral consequences",
meaning things that happen as a result of your plea and the judge and
prosecutor were not required to tell you about. For example: a first
offense driving while suspended plea generally results in a fine, court
costs and probation. However, what nobody tells the defendant is that
independent of the court action, the Division of Motor Vehicles will
suspend driving privileges for 90 days as a result of the plea. Many
people have lost their jobs over such a plea.
Driving Under the Influence : When a person is charged with Driving
Under the Influence in Kansas, 2 separate cases are created and proceed
independently of the other. The first is the criminal case, the second
is the Drivers License hearing. When the arresting officer hands the
driver the traffic citation, the DUI criminal case is started. When the
arresting officer hands the driver the 8.5" x 11" pink piece of paper
(referred to as a "DC-27" or "Law Enforcement Officer's Certification"),
the DUI drivers license case is started.
In Kansas, first offense DUI is a class B misdemeanor; second offense DUI is a class A misdemeanor; third, fourth and subsequent offenses are felonies.
In order to determine which offense someone gets charged with involves the police and/or prosecutors looking back over the driver's lifetime from the date of the present offense and counting ALL prior convictions and diversions for DUI, no matter when they occurred.
The range of punishment for each offense is set forth below:
First Offense DUI conviction:
A fine between $500.00 and $1,000.00 dollars;
A jail sentence between 2 days and up to 6 months (the judge may allow 100 hours of community service instead of requiring 2 days to be served in jail);
An alcohol evaluation will be ordered and the defendant is required to attend, at a minimum, Alcohol Information School (usually 8 hours), but could be ordered into in-patient treatment (usually 30 days); and
A suspension of driving privileges for 30 days (no "work permit" or "hardship license" permitted) and restriction of driving privileges for 330 days (restrictions are: to and from work; in the course of employment; to a medical emergency; and to court ordered alcohol meetings.). The suspension and restrictions are not handled by the criminal court, but rather are imposed by the Division of Motor Vehicles after receiving a copy of the order of conviction sent to them by the court, so the criminal court has no authority to modify the suspension or restrictions.
A diversion is sometimes offered to first time offenders by the prosecution. A diversion is a contract between the defendant and the prosecution (the court has nothing to do with it). Like any other contract, each side is going to perform their contractual obligations to the other. General diversion terms include performing community service, pay diversion fees, court costs, alcohol evaluation costs, attending Alcohol Information School, and staying out of trouble for the diversion term (usually between 6 months to 1 year). At the end of the diversion term, if the defendant has performed all of his/her obligations, the prosecution dismisses the charge or charges that were diverted. This is the up side.
The down side is the diversion goes on your driving record, as a diversion and not a conviction, and stays there for a period forever. If you are EVER charged again with DUI, it will be charged as a second offense, even though the diversion resulted in the first offense being dismissed by the prosecution.
Second Offense DUI conviction:
A fine between $1,000.00 and $1,500.00 dollars;
A mandatory jail sentence between 5 days and up to 1 year (house arrest and work release options are available to the court);
An alcohol evaluation will be ordered and the defendant is required to attend and complete, at a minimum, a Drug and Alcohol treatment program (usually out-patient treatment for several weeks, if not months), but could be ordered into in-patient treatment (usually 30 days); and
A suspension of driving privileges for 1 year (no "work permit" or "hardship license" permitted) followed by one year or restricted driving privileges. The restriction is the driver may only operate a motor vehicle which is equiped with an Interlock Ignition Device (A breath test device which interfaces with the driver's automobile electrical system. Must "blow" before you "go".). The suspension and restrictions are not handled by the criminal court, but rather are imposed by the Division of Motor Vehicles after receiving a copy of the order of conviction sent to them by the court, so the court has no authority to modify the suspension and restriction.
Third DUI conviction:
A fine between $1,500.00 and $2,500.00 dollars;
A mandatory jail sentence between 90 days and up to 1 year (house arrest and work release options are available to the court);
An alcohol evaluation will be ordered and the defendant is required to attend and complete, at a minimum, a Drug and Alcohol treatment program (usually out-patient treatment for several weeks, if not months), but could be ordered into in-patient treatment (usually 30 days); and
A suspension of driving privileges for 1 year (no "work permit" or "hardship license" permitted) followed by one year or restricted driving privileges. The restriction is the driver may only operate a motor vehicle which is equiped with an Interlock Ignition Device (A breath test device which interfaces with the driver's automobile electrical system. Must "blow" before you "go".). The suspension and restrictions are not handled by the criminal court, but rather are imposed by the Division of Motor Vehicles after receiving a copy of the order of conviction sent to them by the court, so the court has no authority to modify the suspension and restriction.
Fourth and Subsequent DUI conviction:
A fine between $1,500.00 and $2,500.00 dollars;
A mandatory jail sentence between 90 days and up to 1 year (house arrest and work release options are available to the court);
Upon release from incarceration, the driver is assigned to supervision of the Kansas Parole Board and must complete an intensive outpatient program at a minimum.
A suspension of driving privileges for 1 year (no "work permit" or "hardship license" permitted) followed by one year or restricted driving privileges. The restriction is the driver may only operate a motor vehicle which is equiped with an Interlock Ignition Device (A breath test device which interfaces with the driver's automobile electrical system. Must "blow" before you "go".). The suspension and restrictions are not handled by the criminal court, but rather are imposed by the Division of Motor Vehicles after receiving a copy of the order of conviction sent to them by the court, so the court has no authority to modify the suspension and restriction.
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