DUI Rights in Kansas – Kansas DUI Help
Those who have been convicted of DUI (Driving Under the Influence) can tell you the consequences of their actions have had a profound effect on their lives and their wallet. DUI convictions in Wichita, Kansas City, Topeka, or any other city in Kansas have the same penalties including a minimum of 48 hours in jail, a 30 day license suspension, and fines between $500 and $1,000 – and that is just for first time offenders. This is why it is so important to begin fighting your DUI charges right away.
A representative from DUIRights.com can help to evaluate your DUI case and help to build a strong defense for you in court. Since Kansas does not allow plea bargaining for DUI charges – meaning it is impossible to arrange a lesser charge of wet reckless or reckless driving – it is important to have undisputable evidence to support your case in the hopes of having the charges dismissed. One of the most popular ways to accomplish this is by proving your rights were violated in some way.
How Can I Know if My DUI Rights were Violated?
While it may seem simple to point out which of your rights were violated, not many individuals understand what their rights are during a DUI traffic stop and arrest. A rather alarming amount of people’s rights are violated during a DUI arrest, but most people do not completely understand the rights they have when being stopped by an officer during a DUI. When reviewing your case with a legal professional, he or she may ask you the following questions in order to determine which, if any, of your rights were violated:
- Why did the traffic stop occur? What driving infraction were you being cited for?
- Did the officer witness you driving the vehicle? Was the vehicle in operation?
- Was a Breathalyzer test administered? How long after your last alcoholic drink?
- Did you participate in any field sobriety testing? How were those tests administered? Did any outside factors, such as weather, affect the outcome of your testing?
- When arrested, did the officer inform you of your rights? Were your Miranda Rights recited to you in a way you could understand?
The answers to these questions will be indicators to whether or not the traffic stop and arrest violated your rights in any way. The legal professional will then take this information to build a case to present in court as an attempt to have the case dismissed and the charges dropped from your record.
No matter how guilty you may think you were at the time of the arrest, we want you to know one important thing: There is ALWAYS an aggressive and effective defense that will help you fight for the best possible outcome. In our experience, many officers do not follow proper field sobriety test procedures. In fact, challenging probable cause and the way field sobriety tests, blood tests and breath tests were administered is often a successful strategy to reduce or drop the charges. Also, many people plead guilty prematurely based on a breath test with a result above the legal limit. This is a common and costly mistake, as there are a variety of ways in having the breath test suppressed as we will show you how to do.
If you rely solely on a public defender to help you, your chances will be limited in preserving financial security and effectively winning your case. With our help, we will show you the easy to understand steps needed to get your Kansas DUI charges dismissed effectively and take back the control of your situation by being equipped with the real information and DUI representation.
DUI Laws in Kansas
With lower fines and shorter suspensions, Kansas DUI law may not seem very intimidating. While state laws may lack “punch” in these areas, drivers should know that Kansas is one of the few states that does not offer a lookback period for DUI convictions. If you are convicted once, it will be on your record forever.
Consequences for Refusing to Take Chemical Tests in Kansas
You can refuse chemical testing in Kansas, but your license will be suspended because the state is an implied consent state. This suspension will be enforced regardless of the outcome of your case in court.
- First offense – one-year license suspension
- Second offense – two-year license suspension
- Third offense – three-year license suspension
BAC Levels in Kansas
BAC is the blood alcohol content at the time of your arrest. If these tests are not administered properly, it does offer your attorney the possibility of having the charges dismissed. Kansas BAC levels are consistent with the rest of the country:
- Drivers that are 21 years or older, .08 percent
- Drivers under the age of 21, .02 percent
- Commercial drivers, .04 percent
Is There Mandatory Jail Time Required for a DUI in Kansas?
First offenders are only given a minimum sentence that can be increased by the judge. All other offenders face a maximum sentence of one year:
- First time offenders – minimum 48 hour sentence
- Second time offenders – minimum sentence of 90 days with a maximum of one year
- Third time offenders – minimum sentence of 90 days with a maximum of one year
- Fourth time offenders – minimum sentence of 180 days with a maximum of one year
There is no lookback period in Kansas.
Monetary Fines and Penalties for DUI in Kansas
The fines in Kansas for DUI are minimal compared to most states:
- First offense – fines ranging from $500 to $1,000
- Second offense – fines ranging from $1,000 to $1,500
- Third offense – fines ranging from $1,500 to $2,500
- Fourth offense – minimum fine of $2,500
License Suspension for DUI in Kansas
Kansas is one of the few states that does not escalate the length of the license suspension beyond the second offense:
- First offense – 30-day suspension
- Second offense – mandatory one-year suspension
- Third offense – mandatory one-year suspension
- Fourth offense – mandatory one-year suspension
IID installation is mandatory in Kansas for all repeat offenders.
Reasons to Hire a Kansas DUI Attorney
Being arrested for DUI does not lead to automatic conviction and defendants are entitled to retain legal counsel. A court will appoint a public defender to represent a defendant with limited funds. Unfortunately, these free or low-cost legal services are not usually effective. Public defenders tend to handle many cases at once and may not be interested in taking any of these cases to court, forcing a DUI defendant to settle for some punishment.
A defendant seeking the best representation for a DUI case should retain a Kansas DUI attorney. Trial experience and knowledge of Kansas DUI laws make a local DUI lawyer more qualified to handle this type of case. The lawyer will do most of the legwork, allowing the defendant to focus on getting life back on track.
After accepting a case, a DUI attorney investigates the circumstances surrounding the arrest and reviews blood-alcohol testing procedures and results. It is common for the attorney to discover mistakes or oversights made by the arresting officer or laboratory technicians. Witnesses are then contacted to verify this and testify to it in court. At the DUI hearing, the attorney presents an argument that exposes the issues in an attempt to reduce penalties or have the case dismissed.
How to Find a Kansas DUI Attorney
With no lookback period and no option to plea wet reckless, anyone arrested in Kansas for a DUI should hire an attorney to try and avoid having that first DUI on their record. If you are arrested and charged with a DUI in Kansas, you can submit your case for a free evaluation and also get a local sponsoring attorney to look at your case.
Defendants who would rather retain DUI lawyers than use public defenders must find these professionals themselves. The best DUI lawyers are often located through referrals, making DUIRights.com a valuable resource. Our professional advocates review the basic details of a DUI case and find the ideal Kansas DUI attorney to handle it.
DUIRights.com makes it risk-free and financially worthwhile to consult with attorneys in our network. There is no charge for the initial DUI arrest evaluation and there is no obligation to retain the DUI attorney who provides it. Legal fees are presented in a clear manner up front so an individual charged with DUI can make an informed decision about how to proceed.