When it comes to a driving under the influence arrest, a fun night out with friends can quickly turn into a nightmare. A DUI charge is a serious matter, and it carries serious consequences. Not only will you face the potential loss of your driver's license and heavy fines, but you could also wind up behind bars. The good news is that simply being arrested for DUI doesn't mean that you will be convicted. With the right defense attorney, you have the chance to prevail at your trial and avoid a conviction entirely. It is no surprise, then, that your choice of defense counsel is an important one.
If you are facing a Kansas DUI charge, Stolte Law, LLC may be able to help. Attorney Adam Stolte has an extensive track record of fighting DUI cases in court, even arguing before the Kansas Court of Appeals. To discuss your case with an experienced attorney, contact Stolte Law, LLC today.
TRAINED BY LAW ENFORCEMENT
Attorney Adam D. Stolte has been qualified by NHTSA to conduct the Standardized Field Sobriety Tests. These are the same tests the officer asked you to take on the side of the road including the Horizontal Gaze Nystagmus Test (Pen test), Walk and Turn, and One Leg Stand. With this training, Stolte Law knows exactly what the officers know - and he knows how they were trained to do it. If the officer made an error while conducting the tests, it could have a major impact on the results and Stolte Law will find it.
NATIONALLY RECOGNIZED DUI DEFENSE
The National College for DUI Defense recently awarded Attorney Adam D. Stolte with its 2019 Appellate Advocate of the Year Award. Stolte is the only attorney in Kansas to be recognized for his work in DUI defense.
Generally speaking, Kansas law outlaws driving while intoxicated by drugs or alcohol. But the Kansas statute is more specific than that. There are five different circumstances that rise to the level of DUI when driving in Kansas:
- When the driver has a blood alcohol concentration (BAC) of .08 or more
- When a person has a BAC of .08 or more within three hours of driving
- When the driver is incapable of driving due to alcohol consumption
- When the driver is incapable of driving due to drug consumption
- When the driver is incapable of driving due to a combination of drug and alcohol consumption
If you meet one of the five conditions mentioned above, you can be convicted of a Kansas DUI.
DUI Penalties in Kansas
The potential penalties for a DUI conviction in Kansas can be severe, even for first-time offenders. The sentence you may face for a DUI will vary depending on the number of previous DUI convictions – with enough prior convictions you could spend decades behind bars. The potential jail time and fines can vary significantly, but every DUI conviction has the possibility of additional costs like court costs, probation fees, drug and alcohol evaluation fees, license renewal fees, and classes on drunk driving.
Driver's License Suspension
In addition to the penalties described above, you will also face a suspension of your driving privileges upon conviction for DUI. While the criminal case against you is proceeding, the Kansas Department of Revenue will also file a civil case against you in an attempt to suspend your driving privileges. The potential suspensions vary depending on your blood alcohol concentration (BAC) at the time you were arrested as well as if you have previously been convicted of DUI.
For a first-time DUI conviction, your license will be suspended for 30 days. Once the suspension is up, you will be required to install an ignition interlock device for the six months following your suspension. This suspension is even steeper if your BAC was .15 or above.
With each conviction, the length of the suspension and restricted license period grows. The maximum suspension, which occurs on fifth and subsequent convictions, is for one year with a 10-year interlock device requirement after the suspension is lifted.
If you are pulled over and the officer suspects you of driving while intoxicated, you will likely be asked to submit to a breath, blood, or urine test to determine your BAC. Under Kansas law, any person operating a vehicle in the state is deemed to have consented to give a sample upon request. You have the right to refuse the test, but because of the implied consent law, you will likely face additional charges.
COMMON DUI DEFENSES
When it comes to defending a DUI case, most successful defenses can be classified into one of two types:
- Challenges to the Stop - The police can't stop you any time they like. If you were pulled over illegally, any evidence collected during your traffic stop can't be used against you.
- Challenges to the Test - Even if the traffic stop was legal, the chemical tests used against you may be thrown out as evidence if the sample was mishandled, or if the testing was not done properly.
OTHER DUI CHARGES
During a DUI stop, officers may find probable cause to charge you with additional offenses. As with the original DUI charge, these additional offenses must meet constitutional muster. Many times, errors made while conducting the DUI stop will impact the other charges.
- Possession of a firearm while intoxicated.
- Driver's license & Insurance issues
- Possession of controlled substances or paraphernalia
- Open Container
- Endangering a child
- Minor in possession
Book Your Experienced DUI Defense Attorney Online
If you have been charged with a DUI in Kansas, it is important that you hire a DUI attorney with a track record of success. Attorney Adam Stolte has extensive experience defending his clients from DUI charges in Kansas courtrooms. To discuss your options, contact Stolte Law, LLC today.