What is a Kansas DUI?

 

In Kansas, you can be convicted of a DUI if the government can prove beyond a reasonable doubt that you operated or attempted to operate a vehicle while your blood alcohol content was at least .08 or if you were too intoxicated to drive due to alcohol and/or drug consumption.  A DUI arrest initiates two proceedings – an administrative attack on your license and a criminal case.

 WILL I LOSE MY LICENSE?

You must act quickly after an arrest to protect your ability to drive.  A driver’s license will be suspended if you fail to request an administrative hearing, if you lose your administrative hearing, or if you are convicted in your criminal case.  The length of your suspension depends on your criminal history and the circumstances of your arrest.

HOW DOES AN ATTORNEY FIGHT DUI CHARGES?

An attorney may take a legal or factual approach to fighting a DUI criminal charge.  A factual approach may be based on whether you were actually driving.  A legal defense to your case will likely depend on the interpretation of an element of DUI.  For instance, whether your mode of transportation qualifies as a “vehicle” or whether your alleged actions constitute “operating” may be the basis for a legal defense.

WHAT ARE THE POSSIBLE PENALTIES FOR A DUI?

Kansas DUI penalties are based on the number of prior DUI’s a person has had.  DUI’s are classified as a first, second, third, fourth, or subsequent.  The fines and jail time increase for each until the fourth is reached.  The fines range from $750 to $2500.  Depending on the DUI classification, you may be required to serve a period of mandatory confinement.  A term of probation often requires completion of alcohol related classes, house arrest, ignition interlock devices, and other fees.

WHAT IS POST-IMPRISONMENT SUPERVISION?

Post-imprisonment supervision (PIS) is imposed in felony DUI cases.  In short, PIS increases the amount of possible jail time by one year.  Failure to comply with the terms of PIS may result in requiring you to serve the remainder of time left under supervision. 

CAN DUI CHARGES BE REDUCED BY A PLEA?

The short answer is no.  Kansas statute prohibits plea offers that reduce the charges.  That being said, the only way to reduce the exposure to punishment is to reduce the charge by eliminating prior offenses.  If you have prior out of state convictions, you may qualify for a legal reduction of your DUI charge.  Few Kansas prior convictions qualify, but it is more likely if your prior Kansas conviction occurred through a municipal court.


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