Drunk driving defense is a highly specialized area of law, and shouldn’t be entrusted to an amateur. The skilled attorneys of 1.800.NOT.DRUNK and www.NotDrunk.com have the expertise needed to defend a DUI / DWI charge anywhere in Kansas.

Kansas DUI / DWI charges are prosecuted under one of two theories. The prosecutor will attempt to prove that the motorist was driving under the influence, meaning he or she was too impaired to drive, or violated the state’s “per se” laws, meaning the driver had a blood alcohol content (BAC) of .08 percent or greater.

The allegation of driving under the influence is largely prosecuted with circumstantial evidence, including the driver’ performance on field sobriety tests, driving patterns, physical appearance, and statements made to the officer. The per se charge is proven through chemical test results.

Kansas DUI / DWI cases are just like every other criminal charge – the prosecutor has the burden of proving every element of the offense beyond a reasonable doubt. Because of an increased political and public intolerance toward those who drink and drive, however, defending against a Kansas DUI / DWI charge has become more complicated, while the penalties upon conviction have become more punitive than ever.

Kansas DUI / DWI arrests trigger two different cases – the court case, which can result in fines, jail time, and loss of driving privileges; and the administrative case, which can result in the suspension of driving privileges. It is extremely important to pay attention to both the criminal court case and the driver's license case, as there are different rules that apply to each.

In a Kansas drunk driving criminal case, the amount of fine and the length of the jail sentence are determined by the number of prior DUI / DWI convictions a driver has. It’s important to note that Kansas no longer has any “washout” period for drinking and driving convictions, meaning that any prior offense, no matter how long ago, counts against the driver for purposes of enhancing punishment.

A first-time DUI / DWI offense is a Class B misdemeanor in Kansas. The driver faces 48 hours to six months in jail and a fine of $500 to $1,000. Upon a first conviction, driving privileges are suspended for 30 days, followed by 330 days of restrictions. The driver also will also be required to undergo a drug and/or alcohol evaluation and will have to complete whatever treatment is recommended by the evaluator.

A second Kansas drunk driving offense is a Class A misdemeanor. The potential sentence is 90 days to one year in jail. The person must serve at least five days, but after 48 hours the judge can order that remainder of the sentence be served on house arrest or in a work release program. Completion of a substance abuse treatment program is required. The fine for a second conviction ranges from $1,000 to $1,500. Upon a second conviction, driving privileges are suspended for one year followed by one year of interlock restrictions.

A third DUI / DWI is a felony in Kansas, and the driver faces 90 days to one year in jail. Ninety days imprisonment is mandatory, but after 48 hours in jail, the judge can order that the remainder of the sentence by served in work release or on house arrest. The fine for a third conviction ranges from $1,500 to $2,500. Upon a third conviction, driving privileges are suspended for one year followed by one year of interlock restrictions.

A driver convicted of a fourth DUI / DWI in Kansas also must serve a minimum of 90 days in jail. The fine for a fourth conviction is $2,500. Upon a fourth conviction, driving privileges are suspended for one year, and the motorist must use an ignition interlock device for an additional year. In the event of a fifth conviction, driving privileges are permanently revoked.

In Kansas, accused drunk drivers face an administrative threat to their licenses that is separate from any action taken by the courts. The amount of time a driver’s license will be suspended in a Kansas DUI / DWI administrative case depends upon whether or not the driver agreed to submit to a chemical test. The length of suspension ranges from 30 days to one year.

Kansas DUI / DWI law allows accused drunk drivers to request an administrative hearing to determine the status of the license. It’s important to note that the driver has only 10 days to request an administrative hearing or the license will automatically be suspended. If the driver prevails at this hearing, the license may not be administratively suspended at all. Administrative driver’s license hearings can be fought and won with the help of a skilled Kansas criminal defense attorney.

At the hearing, a number of issues can be raised in the driver’s defense, including whether the officer had reasonable grounds to believe that the driver was operating or attempting to operate a vehicle while under the influence of alcohol or drugs and whether his or her BAC was really .08 percent BAC or greater.

The consequences of a Kansas DUI / DWI conviction are extremely harsh, but it’s possible to minimize or even eliminate the repercussions with expert legal help. The experienced attorneys at 1.800.NOT.DRUNK and www.NotDrunk.com are prepared to aggressively defend drunk driving charges anywhere in Kansas and will fight hard to protect the driver’s rights.

DISCLAIMER: No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers.