Legal Representation for those Charged with DUI in Douglas County
A DUI or OUI charge, whether first or third, can have substantial consequences. When these charges cloud your future, you should not navigate the justice system without talking to an attorney about your rights. You can seek experienced and professional DUI defense counsel from The Law Office of Sally G. Kelsey.
Attorney Sally G. Kelsey has been helping residents of Douglas County with criminal charges, including DUI, for more than 32 years.
What Happens When You Are Arrested for a Kansas DUI Charge?
The administrative license suspension proceeding and the criminal DUI case are completely separate processes that both impact the consequences you can experience after an arrest for DUI. Sally can represent you on either or both matters, provided that she is contacted in a timely manner. She will vigorously pursue all defenses available to you under Kansas law.
Here is how she can help you navigate both of these challenges:
The State Temporarily Suspends Your License
If you failed or refused a chemical test during your arrest, you will likely receive a “DC-27” Form establishing your temporary license, and notifying you of the suspension of your license. Read this paperwork carefully. If you want to challenge this administrative suspension, you must request an Administrative Hearing within 14 days of being served with that notice. The process of requesting the hearing is explained on that document.
If you hire Sally before the 14 day deadline, and want to challenge the otherwise automatic license suspension applicable under the circumstances alleged, she can make that request for a hearing for you. Requesting a hearing does not necessarily overturn your suspension. Instead, it provides you an opportunity for a hearing for an administrative judge to review the officer’s certification and determine if he complied with the required steps. The potential suspension period does not begin unless and until the administrative judge affirms the suspension at that hearing.
You Face a DUI Criminal Charge
The state may pursue criminal charges against you if they believe they can prove:
- You were driving a motor vehicle; AND
- You blew above the Kansas legal limit of 0.080% as measured by a test conducted within 3 hours of driving OR
- Are impaired by the use of drugs or alcohol or a combination of both, to the extent that it impairs your ability to safely drive. AND
- The penalties you can face for a DUI can depend on numerous factors, like whether you have had prior DUI diversion or convictions in Kansas or any other jurisdiction.
Kansas DUI FAQs
These are some of the most frequently asked questions Sally hears from DUI clients:
Will the court revoke/suspend my license?
The Kansas Department of Revenue Driver Solutions may suspend your Kansas driver’s license in the administrative license suspension process noted above for failing or refusing a chemical test for alcohol and/or drugs. They can also suspend your license if you’re convicted of a DUI charge, even if you were not suspended during the applicable administrative proceeding.
Suspension period is followed by a period during which you must only drive with an interlock devise installed in your vehicle. Full driving privileges will not be restored until they receive notice that you have had the devise installed on a vehicle for the requisite period of time.
At the time of your initial consultation, she can discuss license suspension lengths and restrictions for your situation, which are also found on the DC-27 document you may have received. If you come in before the expiration of the time noted on the slip, she can discuss whether it is in your interest to request a hearing.
How do I get my license back after my suspension?
Once the suspension period is over, there are steps you must take to get a new license and have privileges restored. You should contact the KDOR Driver Solutions if you do not receive a letter explaining what to do.
What is a diversion?
If after discussing the report and circumstances of the case, Sally believes it will be difficult to successfully defend the charges at trial or in any Motions based on irregularities, she may recommend applying for a Diversion if you are eligible. The prosecutor offers this program, and can grant a Diversion if you have no prior DUI convictions or diversions, and there were no injuries related to the incident. A diversion is an agreement with the prosecutor that the criminal charges will be dismissed at the end of 12 months if you comply with terms of the agreement. The terms include payment of court costs and fines consistent with the minimum penalties, attendance of recommended substance abuse classes or counseling, attending a victim impact class, and staying out of trouble with the law.
While a Diversion is not a ‘conviction’, it does go on your driving record, which record is not subject to expungement, even if your diversion may one day be eligible for expungement.
Obtaining a Substance Abuse Evaluation is required for submission of a Diversion Application. All court dates must be attended until any approved Diversion Agreement is filed with the Court.
Will I go to jail?
Only a diversion of the charges offers the possibility of not serving time in jail if you face a DUI conviction. First offenses are punishable by a minimum of 48 hours in jail and five days minimum in custody for a second offense, with provisions for house arrest after 48 hours. A third DUI can be a felony depending on various factors, and is punishable by a minimum of 90 days in custody, some of which may be served in House Arrest or with Work release.
What does probation involve?
If convicted, you will be subject to a probation period from 6 months to 2 years, which can be supervised or unsupervised. Conditions of probation typically include:
- Pay fees and attend required classes on time
- Keeping the Court notified of your current address
- No use of alcohol or non-prescribed medications
- Reporting any law enforcement contact
- Not violating the law
- Complying with suspension or interlock restrictions imposed by the State
- This may include reporting and random or scheduled UAs.
If you have additional questions about probation, call Sally at 785-371-0536.
What if I need to drive to work?
It is important that you comply with any restrictions on your license. The State may modify your license suspension to allow driving to and from work with an interlock device during your suspension period. Applications are on the Driver Solutions website. Driving with a suspended license or against restrictions is a criminal offense that can violate terms of your diversion or probation. While you have an active suspension, arrange alternative transportation options for now.
Will I have to go to Court?
In some cases, such as Lawrence Municipal Court, Sally can appear on your behalf without you attending the court date with her. In District Court, you must appear at each court date unless the Judge excuses your personal appearance. Some appearances are by Zoom
Don’t Gamble on Knowing your Rights – Call Today
A DUI can restrict your life and your opportunities in many ways. Kansas prosecutors have a reputation for enforcing harsh penalties on those charged with DUIs, and it is illegal for them to amend or dismiss a DUI if there is probable cause for the charge.