DUI

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WHAT to DO if you get a DUI: 

 A breath or blood test is the strongest evidence law enforcement utilizes when investigating DUI cases. The Kansas Department of Health and Environment provides guidelines which law enforcement officers must substantially comply. Errors in administrating breath or blood tests can impact the result provided. If the procedure is compromised the result cannot be relied upon. In scientific terms it's garbage in garbage out.   

Administrative hearings are necessary to determine if your drivers license becomes suspended as a result of a DUI arrest. Even if your DUI criminal case is dismissed or you are acquitted, you still face the possibility of suspension. 

 If you case is not suitable for trial or plea, or motions to suppress or dismiss are not applicable, municipals courts and the state of Kansas provides a diversion program for those who qualify. A defendant must admit they are guilty, obtain a drug and alcohol evaluation and follow its recommendations, fulfill certain requirements, pay a significant diversion fee and agree to be supervised for 12 months. If all the requirements are met the prosecutor will move to dismiss your case. Although your case is dismissed the charge may still show on your record, and if you're arrested for another DUI it could be charged as a DUI 2nd.  A diversion agreement is a contract between the client and the prosecuting agency. The prosecutor can accept or deny you at their discretion. Diversion may be denied if a previous arrest or conviction exists. You may be denied diversion if you were in an accident and will be denied if you were driving with a Commercial Drivers License. Diversion application may be your best option if the evidence against you is strong. However, one should always meet with an experienced DUI attorney since a seemingly strong case for the prosecution can be won by an attorney who knows what to look for. After a complete investigation of your case you can choose to apply for diversion if eligible and I can guide you through the entire process. 

• In Kansas, a first conviction for DUI is a Class B misdemeanor which carries:  90 days - 6 months in jail or, the the court‘s discretion,100 hours of community service  $750 - $1300 fine. Probation may be granted in lieu of the defendant serving any jail time. Suspension or restriction of driving privileges occurs after a conviction.
• A second DUI conviction is a class A misdemeanor which carries:  30 days - 12 months in jail  $1,400. - $2000 fine. Defendants are eligible for probation after serving 5 days in jail. The remaining days of confinement may be served by spending 120 hours in a work release program or on house arrest (excluding any hours spent outside of the house for work, etc.) Suspension and restriction of driving privileges occurs after a second conviction.  
• A 3rd offense if there has not been a DUI within he preceding 10 years, is a class A misdemeanor and carries a minimum jail sentence of 30 days up to one year $2000 - $3,000 fine and no probation until serving at least 30 days in jail. After 48 hours in jail, The remainder of the incarceration may be spent in a work release program during which the inmate goes back to jail each night after work, or on house arrest with CPS. On house arrest, the first 240 hours will only include those hours spent in the persons home. A drivers license suspension and restriction will result .
• A 3rd offense felony conviction carries a minimum of 30 days up to the maximum allowed under the Kansas Sentencing Guidelines. A felony DUI is a Level 6 felony on the Kansas Sentencing Guidelines grid, so the amount of time in prison will be controlled by where a person lands on the grid. A $2,000 - $4,000 fine is applicable. If the DUI conviction lands in a box that allows for probation, it may be granted by the court. No person can get probation until after serving at least 30 days in custody. After 48 hours in jail, the remainder of the incarceration may be spent in a work release program or on house arrest with GPS monitoring (excluding hours spent out of the house for the first 240 hours).