DUI ATTORNEY IN NEWTON, KANSAS

Everybody makes mistakes.  DUI charges are some of the most aggressively prosecuted criminal offenses in Kansas. Most people who are accused of driving under the influence are otherwise good, law-abiding people, but many feel as though the system treats them like hardened criminals. Under Kansas law, a person who is convicted on a DUI charge is required to be given a minimum sentence and, depending on past drunk driving convictions, this will result in a misdemeanor or felony on the person's permanent record.

If you have been charged with a DUI, retaining an aggressive and knowledgeable Kansas criminal defense attorney is crucial to help craft your defense. At CornerStone Law, LLC, I am dedicated to providing comprehensive legal guidance and skilled representation to clients facing DUI charges. As your legal counsel, I am ready to investigate all the facts surrounding your case and work to strategize an effective defense to pursue the best available outcome for your situation.

At CornerStone Law, LLC, I proudly represent clients all throughout Kansas, including Newton, Wichita, Hutchinson, El Dorado, McPherson, Hillsboro, Harvey, Saline, Marion, Butler, Sedgwick, Reno, McPherson, and Cowley.

DUI CHARGES IN KANSAS

As in other states, it is against the law in Kansas to drive or attempt to operate a motor vehicle while having a blood alcohol concentration (BAC) of .08% or greater. Kansas law also provides for other situations in which you can be charged with a DUI, including:

• Having an alcohol concentration of .08% or greater within three hours of the time of operating or attempting to operate a vehicle

• Being under the influence of alcohol to a degree that renders the driver incapable of driving a vehicle safely

• Being under the influence of any drug (including legally obtained drugs) or combination of drugs to a degree that renders the driver incapable of driving a vehicle safely

• Being under the influence of a combination of alcohol and any drug or drugs to a degree that renders the driver incapable of driving a vehicle safely

As you can see from the list above, you don’t have to be physically driving the vehicle to be charged with a DUI. The mere attempt to operate a motor vehicle with a BAC of .08% or greater can lead to a charge.  

DUI TESTS & YOUR RIGHTS

There are strict protocols that Kansas law enforcement officers must follow when they stop a driver who is suspected of DUI.  A field sobriety test is generally followed by a breath test using a portable breath test device (commonly referred to as a “breathalyzer”). This device is supposed to analyze the air coming from your lungs to determine the alcohol content.

With a recent change in Kansas law, drivers can refuse a field sobriety test, but their license will be automatically suspended for one year.  Furthermore, Kansas has an “implied consent” law, which means that drivers automatically consent to blood, breath, and urine tests, by the mere fact that they are driving.

POSSIBLE DUI PENALTIES

Not surprisingly, Kansas courts punish drunk driving severely. After your first conviction for a DUI in Kansas, you will be:

• Sentenced to either 48 hours in jail or 100 hours of community service

• Required to complete an alcohol safety and/or substance treatment program

• Ordered to pay between $500 and $1,000 in fines

• Obligated to pay court costs and other fees

• Given a 30-day suspension of your driver’s license

For a second or subsequent offense, you will be required to serve at least 90 days in jail in addition to steeper fines and longer license suspensions and probation periods.

IGNITION INTERLOCK DEVICES

Every Kansas DUI suspension is now followed by a period of restriction to driving only with an ignition interlock device, or IID. An IID is about the size of a cell phone and wired to your vehicle’s ignition system. Kansas’ ignition interlock laws require that any driver convicted of a DUI install an ignition interlock device on every vehicle they own or that is registered to them.

The IID program enables drivers to regain their driving privileges in order to go to work, school, and other necessary locations. They are allowed to drive with the interlock with no location restrictions once the suspension period has ended.