Frequently Asked Questions about Facing DUI Charges in Kansas

Facing a potential DUI conviction in Kansas is extremely serious and as such, should not be taken lightly.  Specifically, a DUI can have severe consequences such as a permanent criminal record, difficulty finding a job, and other life altering repercussions.  If you have been charged with a DUI, it is crucial to know the full scope of your rights and responsibilities.  Otherwise stated, understanding the basics about your charges can greatly affect the outcome of your case.  Moreover, it may also help prevent you from being arrested should be pulled over under the suspicion of driving while impaired. Accordingly, the following are some of the most important things you should know about DUI charges in Kansas.

1. What is a DUI?

A DUI, known as driving under the influence, is a criminal charge that is imposed upon a driver who has a blood alcohol content (BAC) of 0.08% or more.  In other words, if you take a Breathalyzer test and your BAC is over the legal limit, you will immediately be placed under arrest and charged with a DUI in Kansas.

2. Under Kansas law, can I choose which blood alcohol chemical test I wish to take?

Specifically, every driver who operates a vehicle in the state of Kansas is legally considered to have provided his or her consent to have a breath, blood, or urine test to determine blood alcohol or drug content levels. That is known as Kansas’ “Implied Consent” law.  As such, a police officer has the right to request that you take a blood, urine or Breathalyzer test.  A person who refuses to submit to any of these tests can, pursuant to Kansas’s Implied Consent Law, be charged with a “refusal”, which can lead to the suspension of one’s license, and other serious legal consequences.

3.     If I am convicted, what are the penalties for driving under the influence in Kansas?

In Kansas, the severity of the punishment depends upon several factors, including whether you are a “repeat offender”, and the amount of time between your current charges and your last DUI conviction.  Specifically, a first time DUI conviction in Kansas is considered to be a “Class B misdemeanor” and may result in a $1,000 fine, 100 hours of public service, and up to 6 months in jail.  If you have been convicted of multiple DUI offenses in Kansas, you could end up facing a year or more of prison time, several thousands of dollars in fines, and possibly, the permanent suspension of your driver’s license.

4. Do I have a defense?

While this depends upon the facts of your case, the answer is probably yes.  There are several defenses that can be raised when challenging DUI charges.  Perhaps your field sobriety test was improperly conducted or the results of your Breathalyzer test are inaccurate.  Only a seasoned Kansas DUI attorney can fight for your legal rights and help you mount the strongest defense on your behalf.

5.     Do I need an attorney to represent me?

Although you are not legally obligated in the State of Kansas to hire an attorney, it is highly recommended that you do so.  An experienced  DUI defense attorney in Kansas may be able to mitigate the severity of your punishment or even have your case dismissed.  An attorney will also be able to help protect your legal interests and make sure that your constitutional rights are being upheld throughout the entire process.

If you are facing DUI or other serious charges in Kanas, it is important to contact an experienced criminal defense attorney to represent you.   For more than 35 years, the attorneys at the Whitman Law Offices have successfully represented thousands of people located throughout Lawrence and northeast Kansas facing all type of criminal matters – no matter how challenging or complex.  Our attorneys will take the time necessary to review your case and advise you of the scope of your legal options.  We will also visit you in jail should you have been arrested.  For more information, we invite you to call us at (785) 843-9460 or contact us online to schedule a free initial consultation.

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