There are Two Sides of Every Kansas DUI

Most often, when a person is arrested for driving under the influence of alcohol or DUI, he or she is first and foremost concerned about the criminal penalties associated with a DUI. Since the criminal penalties for a first-time DUI can be severe, it makes complete sense that most people are preoccupied with this part of a DUI. A first time DUI charge can result in fines of up to a $1,000 and between 48 hours and 6 months spent in jail. However, sometimes a person who is arrested for DUI is so stressed out about what will happen in the criminal proceeding that they fail to notice that there are two sides to every DUI charge.

Although the criminal proceeding is the most important part of a DUI it is important to understand that it is not the only part of a DUI. A DUI charge has two parts, a criminal side and a civil side. The criminal portion of a DUI is very similar to any other criminal case. The government, sometimes referred to as the State of Kansas or just the “State”, needs to prove beyond a reasonable doubt that the person charged with the crime of DUI is indeed guilty of the charges. It is the government or State’s burden to prove these charges. If the government cannot meets its burden, then the person charged with DUI must be found not guilty. If a person is found guilty of DUI, then it is up for the court to determine what punishment the person should receive.

The other part of a DUI charge is the civil side, or more commonly referred to as the “administrative” side of a DUI. Whereas the criminal side of a DUI is concerned about findings of guilt and doling out punishment, the administrative side is only concerned about whether a person’s driver privileges should be suspended. Per Kansas law, a person may have his or her driver’s license suspended as related to a DUI for one of two reasons. First, the person was driving under the influence of alcohol or drugs, or had a blood alcohol content (BAC) of .08 or higher. The other reason, is if a person who is pulled over by police on suspicion of DUI refuses to submit to a chemical test to determine his or her BAC. The penalty for a person who refuses a chemical test is a mandatory 1 year suspension.

It is important to understand that there are two sides to a DUI because a person only has a very limited amount of time to request a hearing to fight the administrative suspension. If a person’s does not request an administrative hearing within this very limited amount of time, then he or she is completely prohibited from challenging the administrative decision to have his or her license suspended. Therefore, it is important to seek out the legal advice of an experienced Kansas DUI defense attorney as soon as possible after your arrest so he or she can handle both sides of your DUI case.

The crime of driving under the influence of alcohol or drugs is an offense that Kansas takes very seriously. If you have been arrested and charged with a DUI only an experienced Kansas DUI Defense Attorney can make sure that your rights were not violated and properly present any defenses you may have to the court. For close to four decades, attorney Charles E. Whitman has diligently defended persons charged with DUI. You can trust the Whitman Law Offices to provide you with quality representation for the both the criminal and administrative portions of your DUI. However, it is imperative that you act quickly to protect your rights. Call The Whitman Law Offices today at (785) 843-9460 to schedule your free and confidential consultation.


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