KANSAS DUI

If you have been arrested for drunk driving, you need a qualified and experienced attorney in your corner to make sure your rights are protected. Even more than that, you need someone with a thorough knowledge of the complexities of DUI law in Kansas to fight for you. Our experience, intricate understanding of DUI law, and aggressive approach to legal defense have helped hundreds of our clients keep their freedom and licenses.

The Advantage of an Attorney in a DUI Charge

There are literally hundreds of legal recourses that can help you reduce your sentence to a non-criminal charge or get your case thrown out altogether. Our firm is experienced in this area and can use it to your advantage. If the arresting police officer did not follow due process in any aspect of the arrest, we will find out and, in many cases, use that information to get your case thrown out entirely. This is why it is crucial to have an attorney on your side. You must never go alone to defend yourself against a drunk driving charge.

When you need to be sure that you are getting the very best legal representation and not some fly-by-night attorney who is only interested in settling your case as soon as possible, trust the DUI attorney Timothy R. Tompkins to do everything in his power to get the best possible ruling on your case

A person is not guilty of a drinking and driving violation just because he or she is charged with one. The government is required to prove the truth of its allegation beyond a reasonable doubt. The fallacy behind some of the assumptions common in DUI cases, including the accuracy of field sobriety tests and breath tests, can be exposed by knowledgeable lawyers. These cases are unique in the criminal justice system and require skilled and experienced lawyers that provide knowledgeable counsel. A DUI charge in Kansas can have serious ramifications on a defendant's driver's license, criminal record, and ability to function in society. The right attorney, the KC Traffic Lawyer, will make a difference.

Kansas DUI Law

In Kansas, there are two general ways to be charged with Driving Under the Influence (DUI). The first consists of operating or attempting to operate a motor vehicle while having a breath or blood alcohol level of .08 or greater. The second is that you were unable to safely operate or attempt to operate a vehicle due to the ingestion of drugs/alcohol (or a combination of both). This incapability may be shown from evidence such as poor performance on field sobriety tests, poor driving skills, your physical appearance, and statements that you made to the officer.

KANSAS DUI CRIMINAL PENALTIES

The criminal aspect of a DUI includes fines, potentially mandatory jail time, and the suspension of your driving privileges. The amount of fine and the length of the jail sentence are determined by the number of prior DUI and refusal convictions/diversions you have had since July 1, 2001. Under current Kansas law, DUI convictions/diversions before July 1, 2001 are not counted as prior convictions.

• First conviction: First DUI Conviction is a Class B misdemeanor. The potential sentence is 48 hours to six months in jail and a fine between $750 and $1,000. You must serve at least 48 hours unless the court approves a request to perform 100 hours of community service in lieu of serving the 48 hours in jail. Upon a first conviction, your driving privileges will be suspended for 30 days, followed by a 6 or 12-month restriction to driving with an ignition interlock device if your chemical test is between .08 and .149. If your chemical test is .150 or above, then your suspension will be for one year followed by a 1-year ignition interlock device restriction. You will also be required to undergo a drug and/or alcohol evaluation and will have to complete whatever treatment is recommended by the evaluator.

• Second conviction: Second DUI conviction is a Class A misdemeanor. The potential sentence is 90 days to one year in jail and a fine between $1,250 and $1,750. You must serve at least five days in jail, but after 48 hours the judge can order 240 confined hours in house arrest or in a work-release program. Upon a second conviction, your driving privileges will be suspended for one year followed by a 1-year ignition interlock device restriction if your chemical test is between .08 and .149. If your chemical test is .150 or above, your privileges will be suspended for one year followed by a 2-year ignition interlock device restriction.

• Third conviction: Third DUI conviction for DUI is a felony if more than 10 years have passed since your last conviction. The potential sentence is 90 days to one year in jail and a fine between $1,750 and $2,500. After completing 48 hours in jail, the court may order 2,160 confined hours in house arrest or in a work-release program. Upon a third conviction, your driving privileges will be suspended for one year followed by a 2-year ignition interlock device restriction if your chemical test is between .08 and .149. If your chemical test is .150 or above, your privileges will be suspended for one year followed by a 3-year ignition interlock device restriction.

• Fourth and subsequent conviction: Four or more DUIs is also a felony. Like a third conviction, there is a sentence of between 90 days and one year in jail; however, the fine is a flat $2,500. You must serve 72 hours in jail prior to the court being able to grant 2,160 confined hours in work-release or house arrest. Upon a fourth conviction, your driving privileges will be suspended for one year followed by a 3-year ignition interlock device restriction if your chemical test is between .08 and .149. If your chemical test is .150 or above, your privileges will be suspended for one year followed by a 4-year ignition interlock device restriction.

While the criminal penalties on a fifth conviction are the same as a fourth conviction, the license penalties increase. Upon a fifth conviction, your driving privileges will be suspended for one year followed by a 10-year ignition interlock device restriction, regardless of your chemical test reading.

Breath Refusal Penalties

The criminal aspects of a refusal include fines, mandatory jail time, and the suspension of your driving privileges. The amount of fine and the length of the jail sentence are determined by the number of prior DUI and refusal convictions/diversions you have had since July 1, 2001. Under current Kansas law, DUI convictions/diversions before July 1, 2001 are not counted as prior convictions.

• First conviction: A first Refusal conviction is a Class A misdemeanor. The potential sentence is 90 days to one year in jail and a fine between $1,250 and $1,750. You must serve at least five days in jail, but after 48 hours, the judge can order 240 confined hours in house arrest or in a work release program. Upon a first conviction, your driving privileges will be suspended for one year followed by a 3-year ignition interlock device restriction

• Second conviction: A second refusal conviction is a felony if more than 10 years has passed since your last conviction of either refusal or DUI. The potential sentence is 90 days to one year in jail and a fine between $1,750 and $2,500. After completing 48 hours in jail, the court may order 2,160 confined hours in house arrest or in a work release program. Upon a second conviction, your driving privileges will be suspended for one year followed by a 4-year ignition interlock device restriction.

• Third conviction: A third refusal conviction for DUI is also a felony. Like a third conviction, there is a sentence of between 90 days and one year in jail; however, the fine is a flat $2,500. You must serve 72 hours in jail prior to the court being able to grant 2,160 confined hours in work release or house arrest. Upon a third conviction, your driving privileges will be suspended for one year followed by a 5-year ignition interlock device restriction.

If you have been charged with Kansas DUI in the Kansas City metro area, you need qualified and experienced legal counsel on your side. Remember that time limitations apply. Don’t let the 10-day window from the time of your arrest slip by. Contact the KC Traffic Lawyer, who can give you a solid chance of avoiding a DUI conviction.