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An experienced Kansas DUI Lawyer can make a huge difference

If you face a drunk driving charge in Kansas, you are probably worried about going to jail, afraid to lose your license, and wondering what impact this mistake will have on your life and career. Does the social and financial impact of your arrest on you and your family keep you up at night? You have every right to be afraid because you face a change that can change the direction of your life by branding you a criminal, and making everyday things like jobs, travel and insurance extremely difficult.

Kansas DUI cases are decided locally

While drunk driving law is the same throughout the state, each county in Kansas may interpret that law and apply it slightly differently. Each county and court can have its own local rules and customs. For this reason, it is very important to talk with a local lawyer who has experience practicing in the county and court where your case will be heard.

Select the county of your arrest to get local information and help:

Kansas DUI Laws

In Kansas, drunk driving charges are referred to by the acronym "DUI." Under Kansas DUI Law, there are several ways to get in trouble for driving with alcohol or drugs in your system. As a general premise, Kansas prohibits driving a vehicle while under the influence of any substance that renders you incapable of driving safely. That applies to both alcohol and drugs.

In addition, the state sets the legal limit for adult drivers at 0.08 percent alcohol content. At that level or above, you are presumed by the law to be impaired, and the state will not have to prove that you were IF they can prove your alcohol level. For drivers in commercial vehicles, the legal limit is 0.04, and for minors under 21 years of age it is 0.02 percent.

Kansas also has manslaughter and homicide laws on the books that relate to deaths caused by impaired driving.

Kansas DUI Punishments

It doesn't take long to realize that the penalties for all impaired driving charges can be quite severe. Kansas DUI penalties are laid out by statute and have different degrees of severity. The more prior DUI convictions a person has in the past the more punishments they are typically exposed to. For example, a first-time DUI carries 48 hours up to 6 months in jail, while a third offense can carry 90 days to 1 year.

If you had a child under 14 years of age in your vehicle while you got the DUI, the statutes call for an addition month of jail time that must be added to your sentence.

Diversion program: Kansas has a diversion program that may be available in certain cases. If accepted and completed, it can result in the DUI charge against you being dismissed. If you have a prior DUI, a high alcohol level, or were involved in an accident, you probably will not qualify for diversion. Check with a local Kansas DUI lawyer to determine your eligibility.

Kansas DUI License Suspensions and Interlock Devices

After any drunk driving arrest you are exposed to potential civil license suspensions in Kansas. Kansas implied consent law says that you have to submit to a chemical test or lose your license. The law also says that if you do take the test and fail it, you can also lose your license. Learn more about Kansas implied consent and DUI suspensions, and how to challenge them.

In addition to any suspension that you may get by virtue of your arrest or conviction, you are also exposed to the potential of having an ignition interlock breath test machine installed in your vehicle after your license is reinstated. For certain professionals and people who drive for a living, this can be embarrassing or career-ending. Make sure that any Kansas DUI lawyer you hire is well-versed the nuances of ignition interlock law and knows your personal and professional concerns about having a device.

Your Kansas DUI case may not be as bad as it seems

There is a common myth that if you are arrested for DUI you might as well give up because they are impossible to beat. Nothing is further from the truth, but in order to ensure that your opportunity for success is not missed, it is important for you to be aware of potential issues and to make sure that you have an attorney who pursues all leads and all avenues of innocence in your case.

For example, did you know that Kansas DUI chemical testing is not foolproof? Breath testing is prone to mechanical, computer and human errors, and is unable to adjust for physical differences between people. The inability of the machine to adapt means that breath tests will get it very wrong for some people. A result over the legal limit may not reflect an actual alcohol level above the legal limit. Blood testing is prone to contamination, storage and analysis issues. Without a good DUI lawyer investigating your case and keeping the state honest, you might never know that there was a problem with the evidence in your case that could have resulted in a dismissal.

The Kansas DUI court process is intimidating. If you don't have a lawyer you will be held to the knowledge and standards of a practicing attorney as you defend yourself. It makes about as much sense to represent yourself in court as it would to be your own surgeon or dentist.

Most KS DUI lawyers offer a free initial consultation, so you literally have nothing to lose by talking with a lawyer to determine what to expect and develop any defenses that may exist in your case. If you don't, you may sell yourself short and later regret it. Don't bury your head in the sand and pretend that your case will resolve itself, or that it's not as serious or as big of a deal as it seems. It is serious and you need help. The sooner you start the better off you will be.