KANSAS DWI OR DUI ARREST
When you are arrested for Driving Under the Influence of Alcohol or Drugs (DUI) in Kansas, it is important to note that there are two separate and distinct actions. First, if you were given a pink DC-27 form, you only have TEN (10) business days to file for your administrative hearing. Failure to properly and timely file for your administrative hearing will result in your license being suspended. Please contact Russell L. Powell, an experienced drunk driving defense lawyer, who can help you protect your driver’s license. Call today at (816) 550-3695 to schedule a free consultation. The second legal proceeding is the criminal case which deals solely with the criminal DUI charges. You were probably issued a summons or given a ticket with a court date on it. It is important that you contact an experienced DUI attorney to represent you on your drunk driving charge. The criminal DUI or DWI charge can result in mandatory jail time, fines, and loss of your driving privileges. Therefore, call (816) 550-3695 to speak with Russell Powell, and schedule your free DUI case evaluation. Drunk Driving Charges are serious charges that must be addressed quickly. The timeframe to file for your hearing and to preserve the evidence in your case is very short. Call (816) 550-3695 to discuss your DUI arrest with an experienced attorney, Russell L. Powell.
KANSAS DRIVER’S LICENSE
The length of your potential driver’s license suspension depends upon whether you refused the chemical test or whether you failed the test. Additional 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
thirty (30) days to one year.
Under the DUI laws in Kansas you have the right to request an administrative hearing on your driver’s license suspension. At that hearing, you can challenge the grounds upon which your license is being suspended. If you prevail at the administrative hearing, your license may not be suspended, that is why it is important that you contact an experienced Kansas DUI attorney to assist you in properly filing for your administrative hearing, and subpoenaing the arresting officer to testify at your hearing. If you fail to timely file for an administrative hearing within ten (10) days of receiving the pink DC-27 form, your license will be suspended. Call Russell L. Powell today for a free consultation, and he can assist you in properly filing for your administrative hearing. Give yourself the best possible chance to win your administrative hearing. Do not delay. Time is of the essence. Call Russell L. Powell at (816) 550-3695 for a free consultation.
If you request an administrative hearing within ten (10) business days of receiving the pink DC-27 Notice of Suspension form, your license can not be suspended until a final decision has been made by a hearing officer. Therefore, it is very important that you request the administrative hearing within
ten (10) days. If you fail to timely request a hearing, your license will be suspended. Call (816) 550-3695 to schedule a free consultation.
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, your 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 drunk driving conviction are:
FIRST CONVICTION: A first conviction for DUI 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 hours of community service instead of the term of imprisonment. The fine for a first conviction ranges between $500 and $1,000. Upon a first conviction, driving privileges are suspended for 30 days, followed by 330 days of restrictions. You will also be required to undergo a drug and/or alcohol evaluation and will have to complete whatever treatment is recommended by the evaluator.
SECOND CONVICTION: A second conviction for DUI 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 conviction ranges from $1,000 to $1,500. Further, upon a second conviction, driving privileges are suspended for one year followed by one year of ignition interlock restrictions.
THIRD CONVICTION: Under Kansas law, a third conviction for DUI 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 work release or on house arrest. The fine amount ranges from $1,500 to $2,500. Upon a third conviction, driving privileges are suspended for one year followed by one year of ignition interlock restrictions.
FOURTH CONVICTION: Similarly, a fourth conviction for DUI 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. 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.
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 blood alcohol content of .02 or greater. If a driver under 21 has a BAC of .02-.079 there are no criminal penalties, but driving privileges can be suspended. If the BAC is between .02 and .08, driving privileges 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 can be suspended for one year.
KANSAS DUI DIVERSION
A diversion for your Kansas DUI 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.
The Kansas DUI Diversion is a contract between the city or county and you. In exchange for giving up your rights to challenge the charges you are given the opportunity to enter into the contract with the city or county whereby they agree not to prosecute you on the drunk driving charge if you agree to pay all fines and costs, attend the treatment program recommended by your evaluator, and agree to follow all local, state or federal laws, and abstain from drug and alcohol use. Diversions are typically for one year, and if you complete all of the requirements under the diversion agreement, the charges will be dismissed. However, this deal comes at a potential cost to you, because if you do not successfully complete the diversion program, and prosecuting attorney reinstates the charges against you, your attorney will not be able to challenge the facts in your case because you are required to stipulate to the facts as a condition of the diversion agreement. The bottom line is that diversion can be a very good deal for first time offenders provided that you are willing to comply with the terms and conditions of the diversion agreement.
Contact Russell L. Powell today to schedule a free consultation at (816) 550-3695.