DUI & DWI in Kansas
A DUI conviction may result in fines and costs, jail time, driver’s license suspension, job loss, family discord, and difficulty renting an apartment or getting a job. The repercussions may last for years. However, being arrested doesn’t necessarily mean you’ll be convicted. Just ask any Kansas DUI attorney.
If you are facing DUI charges, hire a lawyer and read this article. Here’s a rundown of what we’ll cover:
- Kansas DUI Laws
- Kansas DUI Punishments
- Potential DUI Defenses
- Kansas’s Other Drunk Driving and Alcohol Laws
- How to Find a Kansas DUI Attorney
When is a Driver Considered to be Legally Drunk in Kansas?
The Kansas Statutes contain Kansas’s drunk driving laws. Here are the Kansas blood alcohol content (BAC) rules. Keep in mind that you can be arrested for DUI even if your BAC is lower than the limits listed (so long as the officer believes your driving is impaired).
- Most drivers (21 or older and noncommercial)- BAC is .08 or higher.
- Commercial drivers- BAC is .04 or higher.
- Under 21 drivers- BAC is .02 or higher.
What is Kansas’s Punishment for DUI Convictions?
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1st Offense – 48 hours to 6 months of jail time+ 1 additional month if driving with a child under the age of 14 – fines of $500 to $1,000 – community service – drug/alcohol safety program – driver’s license suspension for30 days – restricted license- vehicle impoundment – loss of commercial license.
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2nd Offense – 90 hours to 1 year of jail time + 1 additional month if driving with a child under the age of 14 – fines of $1,500 to $2,500 – community service – drug/alcohol safety program – driver’s license suspension for 1 year – ignition interlock – vehicle impoundment – loss of commercial license.
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3rd Offense – 90 hours to 1 year of jail time + 1 additional month if driving with a child under the age of 14 – fines of $1,500 to $2,500 – community service – drug/alcohol safety program – driver’s license suspension for 1 year – ignition interlock – vehicle impoundment – loss of commercial license.
Kansas Drunk Driving Defenses
Fortunately, an arrest and a conviction are not the same thing. You are entitled work with a lawyer and you should, without a doubt, do so. The consequences of a drunk driving conviction are serious and are bound to affect every aspect of your life.
Your DUI defense lawyer will explain which defenses are appropriate for your individual case.
Here are example DUI defenses:
- No legal stop.
- No probably cause for stop.
- Improper roadblock.
- No Miranda rights and non-Mirandized statements are being used against you in court.
- Mistake in arrest.
- Mistake in blood alcohol content testing or reporting.
- Improper treatment during detainment.
- Mistake made at trial.
Kansas’s Other Drunk Driving and Alcohol Laws
Kansas’s Providing Alcohol to Underage Persons Law
Neither a licensed drinking facility nor an individual may furnish alcohol to anyone under the age of 21. Violations of this law may result in both fines (up to $1,000) and jail time (up to 6 months).
Kansas’s Providing Alcohol to a Visibly Intoxicated Person
Providing alcohol to an individual who is visibly intoxicated violates Kansas law and is punishable by a fine of $100 to $250 and jail time of up to 30 days.
How to Find a Kansas DUI Attorney
Facing the criminal justice system alone is not a good choice; instead, work with a lawyer. To find a Kansas DUI attorney, search our website, www.attorneys.org, or ask friends or the bar association for a referral.
