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Have you been charged with a DUI?

DUI is a unique crime that many people, from all walks of life can easily find themselves charged with in the state of Kansas. If you've been charged with a DUI it doesn't mean you're a bad person. DUI charges are usually the result of an error in judgment. People usually don't consciously drive under the influence of drugs and/or alcohol. What is more common is that people drive under the mistaken belief that they are "okay"; to drive. Of course, most people aren't equipped to determine what their blood alcohol concentration (BAC) is before they start driving.

Most people that are charged with a DUI in Kansas know that it is a serious charge but beyond that have no idea what to do. They find themselves with many questions and concerns but because they have never been in trouble before they do not know where to turn, or they are embarrassed and are unwilling to seek help. From the outset there are very important deadlines that need to be met to preserve not only your freedom but your privilege to drive. In Kansas, simply one missed deadline will cause you to automatically loose your ability to contest the suspension of your driver's license.

From the start of your DUI case you need the help of an experienced DUI defense attorney. You need to sit down with an attorney that can give you some honest and accurate advice, based on experience handling these types of cases. The DUI laws change nearly every year and the consequences of those changes can way heavily on your case. Read below for some commonly asked questions

If you have been accused of Driving Under the Influence
call (913) 732-3014 for a free consultation.

How much trouble am I in?

In short, no matter how many DUI charges you have had in the past, you are facing a serious matter. There is no such thing as a "no big deal" DUI charge in the state of Kansas. Every single conviction for a DUI charge has Mandatory Jail time. You are also facing a possible driver's license suspension. DUI charges progressively get worse, like most criminal charges. If you have had a DUI in the past or multiple convictions then your minimum punishment range get higher and higher.

What do I need to know?

When someone gets a DUI they are actually facing two separate cases. They have their criminal case, where they go to court and face a judge and a prosecutor and their guilt or innocence is determined. Then they have the lesser known civil case, where they are facing a license suspension with the Kansas Department of Revenue. If you have gotten a DUI you need an attorney on both cases. One small mistake can have catastrophic consequences on your ability to drive. You need to know a lot, you need a DUI defense lawyer to speak with about your specific facts.

What is going to happen to my license?

It depends on what you do. If you do nothing then you will lose your license. The amount of time you will lose it for depends on several factors, including your driving record, if you blew in the intoxilyzer, what your BAC level was, etc. If you want to contest the suspension of you license, (YOU WILL WANT TO DO THIS) then from the second you get your DUI and receive a DC-27 form you have 14 days to request an administrative hearing or your license will automatically be suspended. For some, the license suspension will be one of the worst parts about getting a DUI.

Will I have a criminal record?

Again it depends on your specific facts. A DUI in Kansas can be either a Class B misdemeanor, a Class A misdemeanor, or it can be an unclassified Felony, depending on your criminal record. If you take a conviction then you will have a criminal record. If you plea guilty then you will have a criminal record. If you lose at trial then you will have a criminal record. That being said, you have options. Not all DUI charges end up in a conviction. The knowledge and skill of your attorney is the most valuable asset you can have when fighting a DUI case.

I know I am Guilty, should I still hire a lawyer?

Guilty or not you need an attorney to advocate for you and protect your rights. Police make mistakes, evidence may be able to be suppressed and the case against you falls apart. Depending on your actions and the actions of the police you may have a defense. You need an attorney with experience handling DUI cases to evaluate the discovery against you and let you know of your options. DUI cases are not always the "Slam Dunk" that most defendant's think they are.

Can I just plea bargain to a lesser charge?

The long and short of it is NO. In Kansas, the law does not allow a prosecutor to plea bargain down a DUI to a lesser charge. There are really limited options when it comes to DUI charges. You need to sit down with a DUI defense lawyer and have the attorney explain your particular options.

Can the breathalyzer be beat?

The mechanical and electronic devices most commonly referred to as a "breathalyzer" can be wildly inaccurate. There are literally dozens of these types of devices, each one with a set of protocols, procedures, calibration techniques, storage requirements, and maintenance requirements. Many times officers are not properly trained on the device they are operating or have confused the protocols of one machine with another. There may be issues with the maintenance, storage, or calibration of the machine used to test your blood alcohol level.

Each of these machines have there particular pitfalls, quirks, and evidentiary value. The results of using some of these machines are strong evidence that a persons blood alcohol level is at a specific level, some have results that can not be trusted and are not even allowed into evidence. A person facing a DUI charge needs to consult with an DUI defense lawyer that is familiar with the specific breathalyzer or PBT that was used in your case. After the attorney has ordered the discovery in your case he can consult the operating manual for your particular machine and evaluate the machine's required protocols and procedures then give you an accurate evaluation of the evidence against you.

In Kansas, the most important and most credible device used to determine blood alcohol level is the Intoxilyzer 8000. This is the device used by law enforcement to determine your BAC back at the station. This device is not a full proof way to determine someone's BAC. When you have been tested by a Intoxilyzer 8000 you need to consult with a DUI defense attorney and tell them exactly when and how you were tested. The procedures used in this test will have drastic ramifications on both your license and your criminal case.

Here is a list of the "breathalyzers" that are approved in Kansas.
(The Highlighted links go directly to the machine's User Manual )

Alcohol Countermeasure Systems (Alert J-5)
CMI Inc. (Intoxilyzer 300)
CMI Inc. (Intoxilyzer 400)
CMI Inc. (Intoxilyzer 550)
CMI Inc. (Intoxilyzer 600)
CMI Inc. (Intoxilyzer SD2)
CMI Inc. (Intoxilyzer SD5)
CMI Inc. (Intoxilyzer 8000)
Drager (Alcotest 6510)
Drager (Alcotest 6810)
Drager (Breathalyzer 7410)
Guth (Wat 89EC-1)
Guth (Alcotechtor BAC 100)
Intoximeter (Alco-Sensor)
Intoximeter (Alco-Sensor Pass-Warn-Fail)
Intoximeter (Alco-Sensor III)
Intoximeter (Alco-Sensor Digital)
Intoximeter (Alco-Sensor IV Digital)
Intoximeter (Alco-Sensor Pass-Warn-Fail)
Intoximeter (Alco-Sensor FST)
Intoximeter (Alco-Sensor V XL)
Lifeloc (FC-10)
Lifeloc (FC-10 Plus)
Lifeloc (FC-20)
Lifeloc (FC-20 BT)
Lifeloc (PBA 3000)
Sound Off, Inc. (Alco Data)
Alcovisor (Mark X)
Alcovisor (Jupiter)
Alcovisor (Mercury)

Have you lost your license because of a DUI?

If you have lost your license because of a DUI and would like to apply to modify your suspension it may be possible. The State of Kansas allows people who have a suspension based on a DUI to apply to modify their suspension and get a restricted license. The restricted license allows for an "early" install of the ignition interlock device. After you have served 90 days of your driver's license suspension, if the suspension was based on a refusal of a breath test, or after you have served 45 days of a suspension based on a failed breath test you can apply for the modification.

Kansas Application to Modify Driver's License Suspension DC-1015

What is an ADSAP evaluation?

An ADSAP evaluation is basically shorthand or "lawyer slang" for a statutory required evaluation that a person must undergo when they plea to a DUI charge or are found guilty of a DUI charge. The provision of the law that requires this is: KSA 8-1567

(x) Upon every conviction of a violation of this section, the court shall order such person to submit to a pre-sentence alcohol and drug abuse evaluation pursuant to K.S.A. 8-1008, and amendments thereto. Such pre-sentence evaluation shall be made available, and shall be considered by the sentencing court.

Where do you get an ADSAP evaluation?