DUI
What Happens when you are arrested for a State of Kansas DUI charge
The administrative license suspension proceeding and the criminal DUI case are completely separate from one another. Our office can represent you on either or both matters. We will vigorously pursue all defenses available.
ISSUE ONE: The Kansas Implied Consent / Administrative Suspension Proceeding: Under Kansas implied consent law, any person who operates or attempts to operate a vehicle within the State of Kansas is deemed to have given consent to submit to one or more tests of the person’s blood, breath, urine or other bodily substance to determine the presence of alcohol or drugs. A law enforcement officer shall request a person to submit to a breath, blood or urine test if the officer has reasonable grounds to believe the person was operating or attempting to operate a vehicle while under the influence of alcohol or drugs, or both. If the person fails or refuses a chemical (breath / blood / urine) test, state law provides for a penalty, namely a license suspension of anywhere from 30 days to a permanent revocation.
If you failed or refused a chemical test, at the time of your arrest you will receive a pink “dc-27” Form, that constitutes your temporary license. Your Kansas License (or your right to drive in Kansas if you’re not a Kansas licensed driver) will most likely be suspended pursuant to the above implied consent law unless you request a hearing. Read your paperwork, including the pink slip, carefully. If you would like to challenge this administrative suspension, you generally must request an administrative hearing within 14 days of your arrest.
If you hire our office before the expiration of this period, we can do the paperwork for you, should you wish to challenge the suspension. Requesting a hearing will not necessarily overturn the suspension; rather, it merely provides with a chance to overturn the suspension.
ISSUE TWO: The Kansas DUI Criminal Offense: Separate from the administrative suspension is the criminal charge for DUI. In the State of Kansas, it is unlawful for you to operate or attempt to operate any vehicle while:
(1) the alcohol concentration in your blood or breath, as measured within two hours time of operating or attempting to operate a vehicle, is 0.08 percent or more (sometimes referred to as a “per se DUI”; or
(2) you are under the influence of alcohol to a degree that renders you incapable of safely operating a vehicle; or
(3) you are under the influence of drugs or a combination of alcohol and drugs to a degree that renders you incapable of safely operating a vehicle.
Penalties depend upon whether and during what time period, you had prior DUI diversions or offenses.
Questions:
- Will my Kansas driver license be revoked / suspended?
Your Kansas driver license (or your right to drive in Kansas if you do not have a valid Kansas license) may be suspended in the administrative license suspension process noted above, for failing or for refusing a chemical test for alcohol and/or drugs. It will also be suspended if you are convicted of the DUI charge, even if you were not suspended in the course of the administrative proceeding.
At the time of your initial consultation, we can discuss possible license suspension lengths and restrictions for your situation. If you come in prior to the expiration of the time noted on the pink slip, we can discuss whether it is in your interest to request a hearing. - What is a diversion?
If upon reviewing all of the reports and evidence, there are no defenses that can be successfully pursued, a diversion application will be filed, if you have no prior DUI convictions or diversions. A diversion is an agreement with the prosecutor, that the criminal charges will be dismissed at the end of the year if you pay fees, attend recommended alcohol classes, and do not get new charges within the year. - Will I go to jail?
Only a diversion of the charges offers the possibility of not serving time in jail if you are convicted of a DUI. First offenses are punishable by a minimum of 48 hours in jail, and 4 days minimum in custody for a second. A third DUI is a felony punishable by 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 likely be subject to a period of probation from 6 to 24 months, which can be supervised or unsupervised. Conditions of probation include:
Paying fees and attending required classes in a timely manner
Keeping the state notified of your current address
Not use of alcohol or non-prescribed medications
Reporting any law enforcement contact
Not violating the law
Driving with an interlock device only once suspension period is over
May include reporting and random or scheduled UA’s - What if I need to drive to work?
BE SURE to comply with restrictions on your license. A one year suspension may be modified to allow driving to and from work with an interlock devise after 45 days. However, Driving While Suspended is a CRIMINAL offense, which can result in a violation of your probation. While your suspension is active, make arrangements to use the bus or alternate transportation while suspended.