Being arrested for DUI is a serious offense that can have significant consequences, including jail time, loss of driving privileges, and monetary fines.  It is imperative that anyone facing such a charge understand what challenges they will encounter.  Seeking the legal advice of a competent and experienced DUI attorney will help you understand all of your rights and options.   

What happens if I was arrested for DUI?
Under Kansas law, once you have been cited for violating the DUI statute, the state initiates two simultaneous, yet separate legal actions against you.  The Criminal Action is in response to the ticket that was issued to you, while the Administrative Action is brought against your driver’s license by the Kansas Department of Revenue.  While both actions can result in the suspension of your driving privileges, it is important to remember that there may be additional penalties to consider and each action must be handled separately. 

Administrative Hearing
Pursuant to Kansas law, an individual has 10 days to request a hearing from the Department of Revenue.  Once the arresting officer retains your state issued driver’s license, you are issued the “Officer’s Certification and Notice of Suspension” (also known as the DC-27) form.   This form will serve as your driver’s license in lieu of the one retained by the officer until your Administrative Hearing.  If you fail to request a hearing within 10 days, your right to the hearing is lost, and your license is automatically suspended for the applicable statutory time frame.  In order to preserve your right to an Administrative Hearing, it is crucial that you submit your request to the Department of Revenue within 10 days.          

DUI Penalties for First Time Offenders

Jail Time
A first time DUI offender faces a 48 hour mandatory imprisonment or 100 hours of community service.

Monetary Fines
Between $500.00 and $1,000.00 plus court costs, which can vary between $10.00 and $150.00.

Probation
Kansas requires that the offender serve 48 hours of jail time in order to opt into the diversion program.  Generally, diversion requires that the offender refrain from drinking, not break the law, and attend alcohol school. 

Driving Privileges
A DUI conviction results in the suspension of driving privileges for 30 days.  Following the 30 day suspension, the driver’s privileges are restricted to driving to and from work or school for 330 days.

Chemical Test Refusal
Refusing to submit to a test when requested by law enforcement will result in the revocation of driving privileges for 1 year.  Once privileges have been reinstated, the offender may only drive a vehicle equipped with an ignition interlock device for another year.   

Diversion
Diversion is an option for those who plead guilty to the DUI offense and agree to accept responsibility for the crime, while also agreeing not to violate any additional laws for a period of 1 year.  The offender also agrees not to drink alcohol for a specified period of time, usually 1 to 2 years, and refrain from going to places which serve alcohol.  In order to insure compliance, the offender also agrees to submit to random urine testing.  Diversion also requires that the offender attend alcohol class.  Should the offender successfully uphold his or her end of the bargain, the charges against the offender are dismissed at the end of the probationary period.  Diversion is not considered a conviction for DUI, except in the event that the offender receives a subsequent DUI within his or her lifetime.

Commercial Drivers
Commercial drivers are in violation of the DUI statute with a blood alcohol content (BAC) of 0.04.  A first time DUI conviction will result in the loss of the commercial driver’s license for 1 year, while any subsequent DUI offenses will result in a lifetime loss of the commercial license. 

Alcohol Program
Successful completion of an alcohol and drug safety action education program is required for reinstatement of driving privileges. 

DUI Subsequent Offenses
Penalties are increasingly more severe for any additional DUI violations.  Due to the complexity of DUI laws, you may not be aware of your rights and the potential defenses available to your case.  An experienced and competent attorney can guide through this emotionally challenging process.