Archive for the ‘DUI’ Category

What You Need to Know About a 2nd Kansas DUI Charge

Thursday, June 5th, 2014

Whether your first conviction for driving under the influence was two years ago or ten years ago, one thing remains the same—you have a DUI on your criminal record. If you are fortunate, your first DUI conviction will also be your last DUI conviction. But if you have found yourself in the not so fortunate situation where you have been arrested and charged with a second DUI, you need to be smart and act quickly.

The punishment for a second DUI conviction is even more severe than for a first DUI conviction. While a first conviction is considered a Class B misdemeanor, a second conviction is a Class A misdemeanor. When you are facing a second DUI conviction, it is critical that you find a qualified DUI defense attorney that has a deep understanding of Kansas DUI laws who can help you beat the charges, otherwise you could be facing the following penalties:

  • Fines: A second conviction comes with fines of not less than $1,250 but not more than $1,750. The fine is in addition to any court costs. In some instances fines can be “paid” with community service at a rate of $5 per hour, which would result in a total of 250 to 350 hours of service.
  • Driver’s license suspension: A person’s driving privileges will be suspended for a period of one year. After the one year suspension the person will need to have an Ignition Interlock Device installed on his or her vehicle, at his or her own expense, for at least one additional year following the suspension.
  • Term of imprisonment: The minimum sentence for a second conviction is not less than 90 days but can be as long as one year. A person must serve 5 consecutive days of his or her sentence before the person can be granted probation, or receive a suspension or reduction of a sentence. Under certain circumstances a person may be able to serve his or sentence under a work release program or under house arrest using an electronic monitoring device.
  • Treatment program: A person must participate in an alcohol and drug evaluation program at his or her own expense.

The important thing to remember whether you are facing your first, second or even fourth DUI charge is that the same rules apply. The State still needs to be able to prove ‘beyond a reasonable doubt’ that you are guilty of each and every element of the offense of driving under the influence. The fact that you have a DUI conviction on your criminal record has no importance on whether you will be found guilty or not guilty of a subsequent DUI charge. The only thing that changes with each ensuing DUI conviction is the penalties upon conviction. Therefore, you need an experienced DUI defense attorney who can determine what defenses you may have to the charges. Do not make the mistake of taking the ‘deal’ offered by the prosecutor without first talking to a knowledgeable and reputable DUI defense attorney about your legal rights.

A repeat charge for driving under the influence of alcohol is a serious offense and with it comes harsh penalties. Therefore, it is best to trust only a skilled Kansas DUI Defense Attorney to handle your case. Only an experienced Kansas DUI Defense attorney can properly advise you of your legal rights and uncover all possible defenses you may have. If you have been charged with your second DUI, call the Whitman Law Offices today at (785) 843-9460 to schedule your free and confidential consultation. Attorney Charles E. Whitman has more than 35 years of experience representing persons charged with DUI. You can trust the Whitman Law Offices to provide you with aggressive representation.

Appellate Court Rules Blood Draw Violated Woman’s 4th Amendment Rights

Monday, April 28th, 2014

The 4th Amendment of the United States Constitution protects persons from unreasonable searches and seizures by the government. A court determines whether a search is reasonable by carefully weighing a person’s 4th amendment rights with the government’s legitimate interests, like public safety, for example. In a recent decision, the Kansas Appellate Court found that a woman’s 4th amendment rights were violated when she was subjected to a warrantless search and seizure. The facts of this case illustrate why it is the utmost importance for persons charged with driving under the influence to have the benefit of a skilled DUI defense attorney.

In the case of State of Kansas vs. Declerck, a female motorist was involved in a single-car accident. From witness testimony, the woman lost control of her vehicle, which entered a grassy median, and rolled several times before stopping. Her sole passenger, who was not wearing a safety belt at the time of the accident, was thrown from the vehicle and later died from her injuries. The driver was transported to the hospital for her injuries.

An officer was directed to obtain a blood draw from the driver. The Officer informed the woman of the law regarding “implied consent”, but she did not agree to the draw. Under Kansas State law a person who operates a motor vehicle, is deemed to have given consent to a test (blood, urine or breath) to determine the presence of alcohol or drugs. The law also provides that an officer shall obtain a test from a driver, who is involved in an accident, which results in serious injury or death, and the driver could be cited for a traffic violation. Over the woman’s objection, the officer obtained a blood sample. Lab tests later revealed the presence of THC, the active substance in marijuana, in the woman’s blood and concluded that the woman was under some level of impairment at the time of the accident. The woman was thereafter charged with involuntary manslaughter – DUI.

In court, the woman’s attorney made a motion to have the evidence related to the blood draw suppressed, since the draw was done without a warrant, without probable cause and without the woman’s consent. The court granted the motion and the State appealed. In reaching its decision, the Appellate Court confirmed that a blood draw is considered to be a search and seizure and therefore must be done in accordance with the 4th amendment.

The Court concluded the officer did not have probable cause to believe the woman was under the influence of drugs or alcohol at the time of accident and therefore, the blood draw violated the woman’s 4th amendment rights. The court also found that the Kansas Implied Consent law did not fall into the “consent” exception for a warrantless search. The Court did recognize that the State has an interest in protecting public safety on the roads. However, the Court determined that the portion of the Kansas law that allows a blood draw in accidents involving serious injury or death to be unconstitutional, as the law does not contain language that the person must be suspected of driving under the influence and not just of a traffic violation.

To Learn More, Contact the Whitman Law Offices Now!

If you have been charged with driving while under the influence of alcohol or drugs, then you need an experienced Kansas DUI Defense Attorney. For almost four decades attorney Charles E. Whitman has defended individuals charged with DUI. Skilled Kansas DUI Defense Attorney, Charles E. Whitman will fight to make sure that your rights are protected. To schedule your free and confidential consultation, contact the Whitman Law Offices today at (785) 843-9460. At the Whitman Law Offices, we look forward to providing clients with exceptional legal services.

The Do’s and Do Not’s of Sobriety Checkpoints

Sunday, April 20th, 2014

It is late in the evening and you are your spouse are driving home. You spent the evening celebrating at a friend’s wedding. As you make your way home, traffic on the otherwise not so busy street grinds to a halt. You notice flashing lights ahead and then you realize that you have encounter a sobriety checkpoint. If you are like most drivers, you may not have a clue as what you should do or not do at a checkpoint. Here is a list of pointers to keep in mind, in the event you ever encounter a sobriety checkpoint:

  • DO NOT panic. From time to time, it is reported in the news of a motorist attempting to avoid a checkpoint by attempting to drive around the checkpoint or making a U-turn. This is never a good idea, it will only make you look very suspicious to the officer. The police are also normally prepared to chase after any vehicle who attempts to avoid the checkpoint.
  • DO: Use caution. Sobriety checkpoints are often setup at night and not well lit. Be careful maneuvering and follow the officer’s driving directions for navigating the checkpoint.
  • DO NOT feel the need to be chatty with the officer. He or she may ask you questions as to your where you are headed to or from. You do not have to offer any information that you do not think is necessary. You are well within your rights to refuse to answer any of the officer’s questions.
  • DO: Furnish your driver’s license to the officer at his or her request. As you approach the officer he or she will generally request to see your license and sometimes proof of insurance. You will need to produce these documents and it is better if you can have both ready so that you are not fumbling with your wallet, purse, or in your glove box in front of the officer.
  • DO NOT feel compelled to participate in a field sobriety test. Motorists are not required to complete field sobriety tests. These tests are difficult for even a sober person to pass, so it best to refuse participation.
  • DO be polite. Being rude or showing attitude with the officer is not going to help you in this situation. Remember the saying, you can catch more flies with honey than vinegar. A polite refusal is perfectly acceptable.
  • DO NOT refuse to get out of the car. If the officer asks you to step of the vehicle, then do as he or she requests.
  • DO request an attorney and thereafter keep silent if arrested on suspicion of driving under the influence of alcohol or drugs (DUI). A person cannot be punished for exercising his or her Miranda rights.

As always if you have been drinking it is always a good idea to choose not to drive. Remember that you have options, you could spend the night, call a cab or a sober friend for a ride, use a designated driver, or take public transportation.

To Learn More, Contact the Whitman Law Offices Now!

If you have been charged with driving under the influence of drugs or alcohol after being stopped at a sobriety checkpoint you need an experienced Kansas DUI Defense Attorney. Only a skilled Kansas DUI defense attorney will be able to determine if your rights were violated. Contact the Whitman Law Offices today at (785) 843-9460 to schedule your free and confidential consultation. Remember, if needed one of our attorneys can also make arrangements to visit you in jail. Attorney, Charles E. Whitman, has more than 35 years of experience representing persons charged with DUI and will utilize that knowledge to your advantage.

Penalties Escalate for Repeat DUI Offenders

Thursday, April 10th, 2014

In 2011, it was estimated that more than 1.2 million people in this country were arrested for driving under the influence of alcohol or drugs (DUI). The saddest fact is that a significant portion of drivers convicted each year of their first DUI will not learn their lesson not to drink and drive. It is estimated that approximately one-third of those individuals arrested each year for DUI have a previous DUI conviction. As lawmakers try to crack down on the DUI recidivism rate, the penalties for a second, third or even a fourth offense, escalate accordingly. If you have a DUI conviction, you need to be aware of the increased penalties you could face if charged with a subsequent DUI. Jail time, fines and administrative penalties increase for each ensuing DUI conviction as follows:

First Conviction – Class B nonperson misdemeanor

  • Sentence: Range from not less than 48 hours (or 100 hours of community service) to not more than 6 months in jail.
  • Fines: Range from not less than $750 but not more than $1,000, plus court costs.
  • License suspension between 30 days and one year. Restriction of an Ignition Interlock Device for up to one year following license suspension.

Second Conviction – Class A nonperson misdemeanor

  • Sentence: Range from not less than 90 days to not more than one year in jail, of which 5 days must be served.
  • Fines: Range from not less than $1,250 but not more than $1,750, plus court costs.
  • License suspension of one year. Restriction of an Ignition Interlock Device for at least one year following license suspension.

Third Conviction – Nonperson Felony (if the conviction occurs within 10 years of the previous conviction)

  • Sentence: Range from not less than 90 days to not more than one year in jail, of which 90 days must be served.
  • Fines: Range from not less than $1,750 but not more than $2,500, plus court costs.
  • License suspension of one year. Restriction of an Ignition Interlock Device for at least two years following license suspension.

Fourth Conviction – Nonperson Felony

  • Sentence: Range from not less than 90 days to not more than one year in jail, of which 90 days must be served.
  • Fines: $2,500 plus court costs
  • License suspension of one year. Restriction of an Ignition Interlock Device for at least three years following license suspension.

There are also many not so apparent penalties that go along with successive DUI convictions. For example, it will be much more costly and more difficult to find car insurance if you have one or more DUI convictions on your record. A person’s third or fourth DUI conviction will also make that person a convicted felon. In the United States, a convicted felon may be prohibited from exercising such rights as serving on a jury or voting in an election. Those individuals with felony records are also prohibited from owning a firearm. Therefore, if you have been charged with a DUI it is of the outmost importance that you afford yourself the benefit of having qualify and aggressive representation, regardless of whether it is your first or third DUI arrest.

If You Have Been Charged with a DUI in Kansas, Contact the Whitman Law Offices Now!

Driving under the influence of drugs or alcohol is a serious crime and with it comes some pretty serious penalties. If you have been charged with DUI you need an experienced Kansas DUI Defense Attorney. Only a skilled Kansas DUI Defense Attorney will be able to thoroughly review your case and provide you with aggressive representation. Call the Whitman Law Offices today at (785) 843-9460 to schedule your free and confidential consultation, Attorney Charles E. Whitman has more than 35 years of experience representing persons charged with DUI. You can trust the Whitman Law Offices to make sure all of your legal options are considered.

Kansas Supreme Court Ruling – Smells Like a Good Decision

Tuesday, April 1st, 2014

Imagine this scenario. You just dropped off your buddy at his house and you are driving home. It was a fun night—or at least until the very end. You had a good time until your friend got a little tipsy and tried to take his drink into your vehicle, spilling it over the car floor. You had agreed earlier in the evening to be the designated driver and left the bar without having a single drink. But thanks to your friend, your car smells like a bottle of whiskey. On your way home, you are pulled over by a police officer for failing to come to a complete stop before making a right hand turn. The officer smells the alcohol emanating from your vehicle. You can tell from the officer’s questions that he thinks that you have been drinking and wants to search you and your vehicle. You think to yourself, can my vehicle really be searched, just because my friend spilled his drink in my car?

Well, in March, the Kansas Supreme Court issued a ruling in the case of State v. Stevenson, which in part, sheds some light on this type of scenario. Both state and federal law allow police to search a vehicle that has been pulled over on a traffic stop, without a warrant, if the totality of the circumstances indicate to the officer, that there is a fair probability that the vehicle contains either evidence of a crime or contraband. In the case of Stevenson, a man in a SUV was pulled over for a traffic stop for a turn signal violation. Upon approaching the vehicle the two officers observed a strong smell of alcohol. One officer had the man exit the vehicle to perform field sobriety tests. The other officer decided to search the SUV believing there was an open container violation, as he observed a strong odor of alcohol coming from the vehicle, despite the fact that the man was not inside the vehicle. The officer, through his search of the vehicle found what he believed to be spilled wine on the floor of vehicle and a closed partially full container of wine in the back of the vehicle, along with methamphetamines. Although the man was not charged with DUI, he was charged with possession of illegal drugs.

At trial the man’s attorney argued that the search was illegal. The Supreme Court in its ruling agreed with the man’s attorney. The court reasoned that since alcohol is a legal substance, a strong odor of alcohol did not give the officers the right to search the man’s vehicle. This case is significant in that it gives motorists in Kansas some clarification as to the law regarding unlawful searches. The case also highlights why it is so important to hire an experienced Kansas DUI defense attorney if you have been charged with an alcohol or drug related offense. Only a seasoned Kansas DUI defense attorney can make sure that the police follow the law and present all of your defenses.

Contact the Whitman Law Offices Now!

If you have been arrested and charged with DUI or another drug or alcohol related offense, you need the counsel of an experienced Kansas DUI Defense Attorney. For almost 40 years, the Whitman Law Offices has been aggressively defending DUI clients both in and outside of the courtroom. Contact the Whitman Law Offices today at (785) 843-9460 to schedule your free and confidential consultation. It is imperative that if you have been charged with a DUI to seek counsel immediately. If required, we can make arrangements to visit you in jail. Our seasoned DUI Defense Attorneys look forward to providing you with superior legal services.

What You Need to Know about Newly Proposed Kansas DUI Legislation

Thursday, March 20th, 2014

If you are charged with driving under the influence or DUI, one of the first things your attorney will do is to research the law as it relates to the facts of your particular case. Since both lawmakers and the courts are continually modifying and/or clarifying the law, it is critical for any attorney to stay on top of the changes in the laws that affect the areas in which he or she practices. Presently there are two proposed laws that are working their way through the Kansas legislature that if passed, could affect current DUI laws. The following is a little background about the two proposed pieces of legislation:

House Bill 2479

In 2011 a law was enacted that changed the administrative penalties for those persons with either a first test failure or a first time DUI related conviction, by requiring those persons to have an ignition interlock restriction on their driver’s license. Under the current law, which is said to expire on July 1, 2015, a person would have his or her driver’s license suspended for 30 days and thereafter a 180-day ignition interlock driving restriction. If the legislature would fail to act before the law “sunsets” the law would revert back to the old law. Under the old law, a person would have his or her license suspended for the same 30 days, but thereafter would have a 330 day driving restriction which would limit the person’s driving to certain purposes (i.e. to and from work). The old law did however, give a person the option of having an ignition interlock device installed. One of the largest supporters of removing the sunset provision entirely, which would keep the new law in place without an expiration date, is Mothers against Drunk Driving or MADD as they are more commonly known.

House Bill 2662

Under the current law, a person convicted of DUI or a diversion for DUI may bring a petition to have his or her conviction or diversion expunged from his or her criminal record after a period of ten years from the date of in which the person either satisfied his or her sentence or term of diversion. One part of the proposed new law would reduce the expungement period for DUI. When the bill was first introduced it suggested reducing the expungement period from ten years to three years. However, the bill was later amended to five years which would make the expungement period for DUI the same as for other habitual violator offenses.

The other major part of this bill targets the expungement period for test refusal. Test refusal refers to the charge a person receives if he or she does not submit to a breath, urine or blood test that would determine the person’s blood alcohol content (BAC) or the presence of drugs or other controlled substances. Under the proposed law the expungement period for those persons with either a conviction or a diversion for test refusal, would increase from three years to five years. If the bill passes as it currently stands, the expungement period for DUI conviction or conversion, would be the same as for test refusal.

If you have been charged with DUI or another drug or alcohol related offense, you need a skilled Kansas DUI Defense Attorney on your side. Only an experienced DUI defense attorney can properly advise you of your legal rights and best advise you as to your options under the law. For more than 35 years, the Whitman Law Offices has been aggressively defending DUI clients. To schedule your free and confidential consultation, contact the Whitman Law Offices today at (785) 843-9460. We can also make arrangements to visit you in jail. Trust the seasoned professionals at the Whitman Law Offices to provide you with exceptional legal services.

Drinking and Driving: Kansas DUI Lawyer Separates Fact from Fiction

Friday, February 28th, 2014

We live in a time where we can easily find out information by either using a computer, laptop, smart phone or even a tablet. However, with all the information floating around it still can sometimes be difficult to separate fact from fiction. There are a lot of myths floating around about drinking and driving both on and off the web. One of the best ways to avoid a DUI is to make sure you have the facts straight about drinking and driving. The following are a few questions to test your drinking and driving knowledge:

  • “A person cannot get drunk from drinking only beer.” False. Some individuals are under the misconception that they cannot get drunk from drinking beer. Other people think that you will get drunk faster from hard liquor than beer. The fact is that it is the amount of alcohol in the drink that plays the most important role in how intoxicated a person will become, not the type of drink. Believe it or not, there is the same amount of alcohol in the average 1.5- ounce shot of 80-proof hard liquor as there is in a 5-ounce glass of table wine or 12-ounces of regular beer. All three of these drinks contain approximately .6-ounces of pure alcohol or the equivalent of 14 grams.
  • “A person who has a few drinks is still considered okay to drive legally.”  It depends. Even a small amount of alcohol can begin to impair your ability to safely operate a motor vehicle. The level of impairment that a person experiences after a few drinks can vary widely and depends on various factors including age, weight and gender. How a few drinks will affect your blood alcohol concentration or BAC can also depend on whether the drinks were consumed on a full or empty stomach and how quickly the drinks were consumed. If the three drinks were evenly spaced out over the course of four hours, that may be enough time for some people to able to operate a vehicle under the legal limit.  However, if those same three drinks were consumed in the span of one hour, that same person would likely be well over the legal limit of .08 BAC. Another factor that plays into how a person’s body processes alcohol is whether he or she is on any medications. If you are taking any medication talk to your doctor or pharmacist before taking it with alcohol.
  • “The non-alcoholic mixer a person combines with hard liquor does not affect a person’s BAC in any way.” False. A recent study featured in the journal Alcoholism: Clinical & Experimental Research found that participants who drank alcoholic drinks mixed with sugar-free (diet) soda had a much higher BAC on average after drinking the same amount when compared to participants who drank alcoholic drinks mixed with sugary (non-diet) soda. The scariest part of the study is that the participants who drank the drinks mixed with diet soda did not rate themselves as feeling any more intoxicated than the participants who drank the drinks mixed with non-diet soda, despite the fact that they were more intoxicated. The participants who consumed the diet-soda mixed drinks also had slower reaction times compared to those participants who drank the non-diet soda mixed drinks.

For Unparalleled DUI Defense Representation, Call Us Today!

If you or a loved one has been charged with driving under the influence or DUI, you need to speak with an experienced Kansas Criminal Defense Attorney as soon as possible. For over 35 years, the Whitman Law Offices has been representing clients on alcohol related offenses in Lawrence and Northeast Kansas. To schedule your free and completely confidential consultation call (785) 843-9460. Kansas DUI Defense Attorney Charles E. Whitman will take the time carefully review the facts of your case and explore with you all the possible defenses.

Kansas DUI Defense Lawyer Answers Frequently Asked Questions about BACs

Thursday, February 20th, 2014

In Kansas, a motorist can be charged with driving under the influence of alcohol (DUI) if his or her blood alcohol concentration, or BAC, is .08 or more. The BAC is a method used primarily by law enforcement to measure the amount of alcohol in a person’s body. If you plan to have one or more alcoholic beverages and operate a motor vehicle thereafter, then you owe it to yourself to become familiar with the facts regarding BAC.  The following are some of the most frequently asked questions motorists have about BAC:

How is BAC tested?

The most commonly used test by police officers at the scene to measure a motorist’s BAC is a breath test or “Breathalyzer.”  BAC can also be determined through a blood test.

How many drinks does it take to reach a .08 BAC?

Unfortunately there is not a certain number of drinks that a person can ingest and still fall within the legal BAC limit to safely operate a motor vehicle. This is in part due to the fact that every person metabolizes alcohol differently.

What factors can impact a person’s BAC?

A person’s weight, percentage of body fat and even gender can all factor into how a drink can affect a person’s BAC. For example, a 5 foot, 100 pound woman will have a higher BAC after one drink than a 6 foot, 240 pound man after the same drink. Food can also affect how a person processes alcohol. A person who has eaten a large dinner of spaghetti and meatballs before having a drink will have a lower BAC than if that same person has an empty stomach. This is why it strongly recommended that if you plan to drink you should not do so on an empty stomach. You also want to drink slowly to keep your BAC down. A person who sips a glass of wine over a period of an hour will have a lower BAC than if that same person took a shot of alcohol even though both have the same amount of alcohol.

What if anything can lower a person’s BAC?

Sometimes a person finds him or herself in a position where he or she is intoxicated and wants to “sober up” in order to drive home. Unfortunately, there is nothing a person can do to lower his or her BAC. The human body simply needs time to process the alcohol. Things like drinking a cup of coffee or taking a cold shower may make an intoxicated person feel more sober, but the truth of the matter is, such actions will not lower his or her BAC.

Will a person with a .08 BAC feel drunk?

 The answer to this question is, it depends. Unfortunately, not everyone with a .08 BAC will know that they are legally unable to drive. Often a side of effect of intoxication is not being able to recognize impairment. Remember that regardless of whether a person feels drunk or in any way impaired to drive, driving with a BAC of .08 or higher is illegal.

Contact the Whitman Law Offices Now!

If you have been charged with DUI you are probably overloaded with questions you need answered. Trust only an experienced DUI defense attorney to answer your questions and guide you through the process. To schedule your free and confidential consultation, call the Whitman Law Offices today at (785) 843-9460. With over 35 years of experience, Kansas DUI Defense Attorney Charles E. Whitman of the Whitman Law Offices will research of all of your defenses and make sure that you understand your legal options. At the Whitman Law Offices we pride ourselves on providing you with exceptional legal services.

Kansas DUI Attorney Explains How You Can Enjoy a Safe St. Patrick’s Day

Monday, February 10th, 2014

There is nothing worse after partying all night than awaking to a hangover, right? Wrong! Much worse than any hangover is ending what would have been an otherwise fun evening with a DUI or worse, seriously injuring or killing yourself or another person as a result of driving drunk. The National Highway Traffic Safety Administration estimates that more than 30 percent of the fatal motor vehicle crashes on St. Patrick’s Day are due to drunk driving. So, if you plan to get your green on this St. Patrick’s Day you need to do more to ensure the safety of yourself and others than carry around a four leaf clover. The following are a few tips you should follow to help ensure that you have a safe St. Patrick’s Day:

  • Have a designated driver: If you are planning on going out for St. Patrick’s Day, make sure that as part of your party planning that you also plan a way to make it home safely. A designated driver is always a great option.
  • Slow down: One way to make sure that you are able to get yourself home safely is to avoid becoming intoxicated in the first place. This does not necessarily mean that you cannot enjoy a beer or two. It just means that you need to pace yourself. Have no more than one drink per hour and sneak in some non-alcoholic beverage in alcoholic ones. A drink is considered to be a 1.5 ounce-shot of 80 proof liquor, a 5-ounce glass of wine, or a 12-ounce beer. Think of your Irish holiday as a marathon and not a sprint if you want to be sober at the end.
  • Eat: St. Patrick’s Day is not just about the beer it is also about the food! Have a plate of corned beef and cabbage with a side of rye bread. Not only is it tradition—it is also a way to help your body process the alcohol more quickly.
  • Call a cab: Before you head out for the day’s festivities, write down the telephone numbers of a few cab companies on a card and place it in your wallet or purse. This way you can easily call for a ride in the event you are not able to drive home. You can also do the same with a bus or trolley schedule, depending upon where you live.
  • Leave your keys at home: An easy way to avoid a DUI charge is to not drive in the first place. Take a cab, public transportation or even walk home. By leaving your keys at home, you will not have to worry about being tempted to drive home.
  • Be the host: If you are hosting a St. Patrick’s Day party then clearly you do not have to worry about drinking and driving. But if you do opt to be the host, be a good host. Offer your guests plenty of food and both non-alcoholic and alcoholic beverages. Ask guests to hand over their keys at the beginning of the party and do not give a person back his or her key if he or she is unable to drive home. Instead have guests who are not able to drive spend the night.

For Additional Information, Call the Whitman Law Offices Now!

If you have been charged with driving under the influence you need an experienced DUI defense attorney. To schedule a free and confidential consultation, contact the Whitman Law Offices today toll free at (877) 933-4354 or locally at (785) 843-9460. Our attorneys can also make arrangements to visit you in jail if necessary. Kansas DUI Defense Attorney Charles E. Whitman of the Whitman Law Offices has more than three decades of experience representing persons charged with DUI and other alcohol related offenses. At the Whitman Law Offices we will take the time to thoroughly review your case and evaluate all of your legal options.

Frequently Asked Questions Regarding Kansas DUI Diversion Programs

Saturday, January 11th, 2014

If you have been recently charged with driving under the influence (DUI), you may have heard about Kansas’ DUI diversion programs. You may be wondering if entering into a diversion agreement is the right choice for you in your DUI case. As such, the following are answers to the most frequently asked questions about Kansas DUI diversion programs:

  • What is a DUI diversion program?

A diversion program, is simply an agreement with the prosecutor, where he or she agrees not to prosecute the individual charged with a DUI. In exchange, the individual facing DUI charges must comply with certain conditions.  These conditions often mandate that the individual undergo random drug/alcohol testing, complete an alcohol evaluation program, participate in alcohol counseling and attend regularly scheduled meetings.

  • Who can participate in a DUI diversion program?

To be able to qualify for a DUI diversion program, you must be a first time offender. If you have been previously found or pleaded guilty to an alcohol-related crime you will not be offered to participate in a diversion program. A person will also be excluded from participating in a diversion program if he or she has other pending criminal charges or if the person has recently participated in another diversion program for another crime. However, participation in a DUI diversion program is not an absolute right. Rather, it is offered to an individual at the prosecutor’s sole discretion.

  • What are the pros and cons of DUI diversion program?

The biggest reason for choosing to participate in a DUI diversion program is that upon successfully completing a diversion the prosecutor will dismiss the case against you. As a result, individuals who complete a diversion program will not have to serve any jail time and will not have a DUI listed on their driving record. The drawback of a DUI diversion is that if the individual does not meet all of the requirements, the individual’s participation in the diversion can be revoked and the prosecutor can resume prosecution of the original charges.

  • If I would like to participate in a DUI diversion program do I still need to hire an attorney?

In Kansas, an individual charged with DUI has the right to represent his or her own interests in court. However, it is strongly recommended that any person charged with a DUI be represented by an attorney. In DUI cases so much is at stake, including fines, jail time, and loss of driving privileges that a person charged with a DUI should have the benefit of experienced attorney. An experienced attorney will make sure that your rights are protected and your defenses, if any, are properly presented before the court. Wanting to participate in the DUI diversion program is not a good reason to forgo hiring an attorney. An attorney, after a thorough review of the facts of your case, may determine that a dismissal of the charges or an acquittal is possible. If such outcomes are possible, it would be a mistake for a person to try to enter a DUI diversion program. There is also no guarantee that the prosecutor will offer you the opportunity to participate in a diversion program.

If you have been charged with a DUI, contact the Whitman Law Offices at (785) 843-9460 today to schedule a free confidential consultation. Veteran attorney Charles E. Whitman will take the time to answer your questions and make sure you understand your rights. You can trust attorney Charles E. Whitman and the Whitman Law Offices to thoroughly review the facts of your case and research all possible defenses to the charges. If a diversion agreement is a possibility for you, we will not advise you to consider it, until we have investigated all of your other options.