DWI or DUI Attorney in Lawrence, Kansas
It is necessary to note that there are two distinct actions when you are arrested for Driving Under the Influence of Alcohol or Drugs (DUI) in Lawrence, Kansas. If you were given a pink DC-27 form, you only have 10 (TEN) business days to file for your administrative hearing. Failure to timely (and properly) file for your administrative hearing will result in revocation of your driving privileges. Please contact Russell L. Powell, an aggressive and skilled drunk driving defense attorney, who can help you protect your driver's license. Contact him today at (816) 550-3695 to set-up a free DUI case evaluation.
The other Kansas DUI legal proceeding is the criminal case (which deals only with the criminal DUI charge.) You were probably issued a summons or given a ticket with a court date on it. It is crucial that you contact an aggressive DUI attorney to represent you on your drunk driving charge. The criminal DWI or DUI charge can result in mandatory loss of driving privileges, jail time, and monetary fines. Because of this, you should call (816) 550-3695 to speak with Russell Powell, an aggressive and resourceful DUI defense attorney, and schedule a fast and free consultation. DUI charges are serious and must be handled immediately. The amount of time to file for your hearing and to preserve the evidence in your DWI or DUI case is very short.
DRIVER'S LICENSE IN KANSAS
The length of your potential Kansas driver's license loss depends upon whether you refused the chemical test or whether you failed the test. Other factors considered by the Kansas Department of Revenue are whether this is your first test failure, and whether you are over the age of 21. Based upon these factors, the suspension of your Kansas driving privileges ranges from 30 days to one year.
Under the DUI laws in Kansas, a person has the right to request an administrative hearing on their Kansas driver's license loss. At the administration hearing, you can challenge the grounds upon which your Kansas driver's license is being suspended. If you win at this administrative hearing, your Kansas driver's license may not be suspended. This is why it is crucial that you contact an aggressive and resourceful Kansas DUI attorney to help you in correctly filing for your administrative hearing, and subpoenaing the arresting officer to testify at your hearing. If you fail to properly and timely file for an administrative hearing within ten (10) days of receiving the pink DC-27 form, your Kansas driver's license will be suspended. Time is of the essence. Call Russell L. Powell today for a fast and free consultation, and he can help you in properly filing for your administrative hearing. Give yourself the best chance to win your administrative hearing.
If you request an administrative hearing within ten (10) business days of receiving the pink DC-27 Notice of Suspension form, your driver's license cannot be suspended until a final decision has been made by a hearing officer. Therefore, it is necessary that you request the administrative hearing within ten (10) days. If you fail to timely request a hearing, your driver's license will be suspended. Call (816) 550-3695 to schedule a free DUI case evaluation.
RANGE OF CRIMINAL PENALTIES UNDER KANSAS DUI LAWS
The sentence of the Court will depend upon the unique facts and circumstance of each case. If you win your case, or if your case is dismissed, you will not be assessed any jail time or fines. However, if you are convicted of your DUI charge, the sentence may result in jail time, fines, suspension of your driving privilege, impoundment of your vehicle, community service, and/or a requirement that you install an ignition interlock on your vehicle. The ranges of potential sentences for a Kansas DUI conviction are:
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FIRST KANSAS DUI:
A first Kansas DUI conviction is a Class B misdemeanor. The potential sentence is 48 hours to six months in jail. The person must serve at least 48 hours, unless the court orders order that the person complete 100 (one hundred) hours of community service instead of time in jail. The fine for a first Kansas DUI conviction ranges between $500 and $1,000. Upon a first conviction, driving privileges in Kansas are suspended for 30 days, followed by 330 days of restrictions. You will also be required to undergo an alcohol and / or drug evaluation and will have to complete whatever treatment is recommended by the evaluator.
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SECOND CONVICTION:
A second DUI conviction in Kansas is a Class A misdemeanor. The potential sentence is 90 days to one year in jail. The person must serve at least five days, but typically after forty eight (48) hours your attorney can request that the judge order that the remainder of the sentence be served in a work release program or on house arrest. It will also be required that you complete a substance abuse treatment program. The fine amount for a second DUI conviction in Kansas ranges from $1,000 to $1,500. Further, upon a second DUI conviction in Lawrence, Kansas, Kansas driving privileges are suspended for one year followed by one year of ignition interlock restrictions.
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THIRD KANSAS DUI CONVICTION:
Under Kansas law, a third DUI conviction in Kansas is a felony. The sentence includes 90 days to one year in jail. Ninety (90) days imprisonment is mandatory, but after 48 hours in jail, the judge can order that the remainder of the sentence by served in a work release program or on house arrest. The fine amount ranges from $1,500 to $2,500. Upon a third conviction, Kansas driving privileges are suspended for one year followed by one year of ignition interlock restrictions.
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FOURTH CONVICTION:
Similarly, a fourth Kansas DUI conviction is also a felony. Like a third conviction, there is a minimum sentence of imprisonment for ninety (90) days. A person convicted of a fourth or subsequent DUI, however, must serve 72 hours in jail and then may be placed on house arrest or in a work release program. The fine for a fourth conviction is at least $2,500. Kansas driving privileges are suspended for one year followed by one year of interlock restrictions. If there is a subsequent fifth conviction, driving privileges are revoked permanently.
DUI DIVERSION IN KANSAS
A diversion for your drunk driving charge is completely discretionary with the prosecuting attorney, and their decision is usually based upon the following factors:
- If you have never been convicted of DUI,
- have never entered into a diversion contract for DUI before,
- and were not involved in an accident or collision resulting in personal injury or death,
... you may be eligible for a DUI diversion in Lawrence, Kansas.
This deal comes at a potential cost to you, though, because if you do not successfully complete the diversion program, and the prosecuting attorney reinstates the charges against you in Lawrence, your attorney will not be able to challenge the facts in your case. This is because you are required to stipulate to the facts as a condition of the diversion agreement. Kansas DUI diversion can be a very good deal for first time offenders provided that you are willing to comply with the terms of the diversion agreement.
DRIVERS UNDER 21 YEARS OLD CHARGED WITH DUI
Under Kansas law, it is unlawful for any person under 21 to operate or attempt to operate a vehicle with a breath or BAC level of .02 or greater. If a driver under 21 has a BAC of .02-.079 there are no criminal penalties, but driving privileges in Kansas can be suspended. If the BAC is between .02 and .08, driving privileges in Kansas may be suspended for 30 days on the first occurrence, and one year on any subsequent occurrence. If an underage driver has a BAC of .08 or above, the driving privileges in Kansas can be suspended for one year.
What happens if you are arrested for DUI in Lawrence, Kansas:
After you have been cited for violating the DUI statute in Kansas, the state initiates two simultaneous, yet separate legal actions against you that are distinct. An administrative action is brought against your license by the Kansas Department of Revenue, while the Criminal Action is in response to the ticket that was issued to you. Both actions can result in the loss of your driving privileges and there may also be additional penalties. Also, each action must be handled separately.
Kansas Statute 8-1012
Chapter 8.--AUTOMOBILES AND OTHER VEHICLES
Article 10.--DRIVING UNDER INFLUENCE OF ALCOHOL OR DRUGS; RELATED PROVISIONS
8-1012. Preliminary screening test of breath for alcohol concentration; request by officer, reasonable suspicion; notice required; refusal to take test is traffic infraction; use of results of test; additional tests.
- (a) Any person who operates or attempts to operate a vehicle within this state is deemed to have given consent to submit to a preliminary screening test of the person's breath subject to the provisions set out in subsection (b).
- (b) A law enforcement officer may request a person who is operating or attempting to operate a vehicle within this state to submit to a preliminary screening test of the person's breath to determine the alcohol concentration of the person's breath if the officer has reasonable suspicion to believe the person has been operating or attempting to operate a vehicle while under the influence of alcohol or drugs or both alcohol and drugs.
- (c) At the time the test is requested, the person shall be given oral notice that: (1) There is no right to consult with an attorney regarding whether to submit to testing; (2) refusal to submit to testing is a traffic infraction; and (3) further testing may be required after the preliminary screening test. Failure to provide the notice shall not be an issue or defense in any action. The law enforcement officer then shall request the person to submit to the test.
- (d) Refusal to take and complete the test as requested is a traffic infraction. If the person submits to the test, the results shall be used for the purpose of assisting law enforcement officers in determining whether an arrest should be made and whether to request the tests authorized by K.S.A. 8-1001 and amendments thereto. A law enforcement officer may arrest a person based in whole or in part upon the results of a preliminary screening test. Such results shall not be admissible in any civil or criminal action concerning the operation of or attempted operation of a vehicle except to aid the court or hearing officer in determining a challenge to the validity of the arrest or the validity of the request to submit to a test pursuant to K.S.A. 8-1001 and amendments thereto. Following the preliminary screening test, additional tests may be requested pursuant to K.S.A. 8-1001 and amendments thereto.
History: L. 1986, ch. 40, § 1; L. 1993, ch. 259, § 4; L. 2005, ch. 172, § 3; L. 2006, ch. 173, § 2; L. 2006, ch. 211, § 1; July 1.
To speak with Russell Powell, a capable and skilled DWI or DUI defense lawyer, call (816) 550-3695 and schedule a free, professional consultation.
COMMERCIAL DRIVERS:
Commercial drivers are in violation of the DUI statute with a BAC level of 0.04. A first time DWI or 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. |