If you find yourself being pulled over after a night of drinking, the good times can come to an end quickly. That is due to the stiff penalties associated with driving under the influence in Kansas law. In a DUI case, you will find that a lot has been stacked against you. While the prosecutor in your case can use the results of the breathe test in your case against you, it is possible that you can be convicted even if you never gave a sample in the first place.
What's more, the prosecutor does not even have to prove that you were driving. Under Kansas law, merely attempting to operate a motor vehicle while intoxicated counts under the State's DUI statute. While the state may appear to have some advantages in your case, you can even the playing field by hiring a seasoned Kansas DUI defense attorney. To discuss your case with an experienced DUI defense attorney, contact Stolte Law, LLC today.
Types of DUI Charges in Kansas
Kansas DUI law is an overlapping framework of criminal charges. Depending on the circumstances of your arrest and your criminal history, you could be charged with a wide range of DUI offenses. Below, we discuss some of the most common DUI charges brought by Kansas law enforcement.
DUI: 1st Offense
The most commonly charged drunken driving offense in Kansas is a first offense DUI. While a first offense has a lighter sentence than most DUI-related crimes, the consequences of a conviction are still severe. If convicted, you will face between 48 hours and six months in jail as well as a maximum fine of up to $1,000.
DUI: Subsequent Offenses
With each additional DUI conviction, the consequences of a further arrest grow. For example, a second offense will cost you between five days and one year in jail, plus a fine of up to $1,750. For a third offense, you could spend between 90 days and one year behind bars and pay a fine of $2,500. In both cases, you also face a potential driver's license suspension of up to one year.
For many people, a DUI charge brings to mind operating a vehicle while under the influence of alcohol. However, it is also possible to be charged with a DUI if you are intoxicated from drugs as well. Known as a DUID charge, this offense can include the influence of street drugs as well as prescription medication.
While an adult driver can be arrested for operating a vehicle with a blood alcohol concentration of .08 or more, the limits are even lower for drivers under the age of 21. While underage drivers can still be charged with DUI just like an adult, there are additional penalties for driving with a BAC of between .02 and .08. A charge stemming from a BAC less than .08 only carries a potential driver's license suspension. But if a minor tests above the legal limit for adults, he or she could face incarceration if convicted.
DUI with a Child Passenger
When operating a vehicle with a child passenger, any driver has a duty to keep the child safe on the road. But that is effectively impossible if you are operating a motor vehicle while under the influence of drugs or alcohol.
Because of the potential for injury, the State of Kansas has outlined additional penalties for driving under the influence with a child passenger. If you are convicted of a DUI and, at the time, you had a passenger younger than 14 years of age, you will be sentenced to an extra month in prison that is added to your initial sentence.
DUI Involuntary Manslaughter
In standard vehicular manslaughter cases, an arrest is charged as a Class A misdemeanor most of the time. However, when alcohol is involved vehicular manslaughter can be charged as a felony and lead to a lengthy prison term. In fact, the maximum in this type of case is 172 months in state prison. An involuntary manslaughter charge carries with it some of the most severe consequences of any DUI case. To find out how a Kansas DUI defense attorney might handle a case like this, contact attorney Adam Stolte today.
DUI Defense Counsel You Can Rely On
An arrest for a Kansas DUI crime is no laughing matter. A conviction can put you behind bars and bring about other consequences that may last a lifetime. Contact Stolte Law LLC to determine if a personal injury attorney can help.