What You Need to Know about Newly Proposed Kansas DUI Legislation

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.


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