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Secondary DUI Offenses

Most people charged with DUI are also charged with additional, secondary offenses.  Even though the charges may be less serious, they can have a substantial impact on your life.

POSSESSION OF DRUGS & PARAPHERNALIA

Drug cases often accompany DUI's when an officer smells, or claims to smell, marijuana.  The smell of marijuana gives officers probable cause to search a vehicle.  As such, challenging vehicle stops is of critical importance in DUI cases.  Possession and paraphernalia charges may be a felony or misdemeanor, depending on the quantity of the item possessed.  Learn more about possession and paraphernalia cases by clicking HERE.

OPEN CONTAINER

After pulling over a vehicle, an officer may look into the windows.  If an open beer or bottle of alcohol is seen, the officer will probably search the driving compartment.  In Kansas, transporting an open container of alcohol is punishable by a fine of not more than $200, up to six months in jail, and suspension of driving privileges.  In certain circumstances, defenses exist which can eliminate the charge.  In particular, the location of the beverage could mean the difference between an affirmative defense and conviction.

ENDANGERING A CHILD

If you are arrested for DUI and have a child in the car, you may also be charged with endangering a child.  Under the law, endangering a child is knowingly and unreasonably causing a child to be placed in a situation where the child's life, body, or health may be endangered.  Endangering a child is a misdemeanor in most cases, but it can also be charged as a felony in certain circumstances.  If child endangerment charges arise from a DUI, it is likely that child protective services will investigate the circumstances of the arrest to ensure the safety of those involved.

MINOR IN POSSESSION OR CONSUMPTION

If an officer discovers that a suspected DUI driver is a minor, the minor may also be charged with possessing or consuming alcohol.  Punishment ranges from juvenile court and fines for minors up to misdemeanor charges if an adult is found to have supplied a minor with alcohol.  Both minors and adults may also lose driving privileges upon conviction, perform community service, and take classes about the effects of alcohol consumption.

POSSESSION OF A FIREARM WHILE INTOXICATED

During a DUI investigation, an officer may detect one of a multitude of reasons to search a vehicle.  Occasionally, a firearm is found in the glove box, center console, or elsewhere.  Possession of a firearm while intoxicated is knowingly possessing or carrying a firearm while under the influence of drugs or alcohol to a degree that the person is rendered incapable of safely operating the firearm.  A person can be convicted if the firearm is in the vehicle while the person is intoxicated if the firearm is within the immediate access or control.  The offense is a class A misdemeanor which carries a one-year jail term and a fine of $2,500.

KANSAS DUI ATTORNEY

If your DUI resulted in additional charges, the penalties could influence the course of your life in many ways.  Contact DUI Attorney Adam D. Stolte at 913-575-8823 to discuss your case and possible defenses.

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