KANSAS DUI LAW : This information is intended to provide an overview of the State's DUI/Drunk Driving Laws. This information is general in nature, and may not apply to the specific facts of your case as each case is different. Your attorney will advise you as to the recommended path of defense upon reviewing your case.  Further, Kansas law could change prior to this site being updated so, once again, this is informational in nature and does not replace the advice from a qualified DUI attorney.  Call our office today.

Each Kansas DUI case has two separate parts : (1) The administrative case relating to driver's license suspension and (2) The Criminal case relating to criminal jail penalties, fines, and driving privileges.

THE ADMINISTRATIVE HEARING : In most Kansas DUI cases, you only have ten (10) days to request a hearing from the Kansas Driver's License Bureau to challenge the suspension of your Kansas Driver's License. Once a hearing has been properly requested in writing, your Kansas DUI lawyer will have the opportunity to present evidence and testimony to the Hearing Officer.  Each case is different, but generally the following issues can be analyzed :

Whether the Officer had reasonable grounds to believe you were operating (or attempting to operate) a vehicle while under the influence of alcohol or drugs; Whether your actions constituted a legal refusal of a test; Whether the Officer gave you the required notices; Whether the Officer and Breath test machine were certified by the KDHE, and whether the conditions
complied with KDHE standards; Whether the testing results were .08% or greater; Whether any field tests were conducted improperly and/or whether your physical condition, weather, or any other factor contributed to the results issued by the Officer; and Any other Issues relevant to your case.

LICENSE SUSPENSION : Kansas DUI law mandates the suspension of your license in each DUI case, which makes it crucial to hire an experienced Kansas DUI Lawyer to do all that is possible to protect your license and driving privileges.

The following is a summary of Kansas DUI law as it relates to your driver's license : (It is important to note that reinstatement fees and other considerations such as alcohol treatment programs may be conditions of your license reinstatement as well)

License Suspension Laws when the Breathalyzer was taken:
1st Breath Test Failure - 30 days suspended / 330 days restricted
1st Breath Test Failure above .15% - 1 year suspension/1 year ignition interlock
2nd & 3rd Breath Test Failure - 1 year suspension/1 year ignition interlock
2nd Breath Test Failure above .15% - 1 year suspension/2 years ignition interlock
3rd Breath Test Failure above .15% - 1 year suspension/3 years ignition interlock
4th Breath Test Failure - 1 year suspension/1 year ignition interlock
4th Breath Test Failure above .15% - 1 year suspension/4 years ignition interlock
5th Occurrence/Conviction - Permanent Revocation

Kansas License Suspension Laws when the Breathalyzer test was refused:
1st Breath Test Refusal - 1 year suspension
2nd Breath Test Refusal - 2 year suspension
3rd Breath Test Refusal - 3 year suspension
4th Breath Test Refusal - 10 year suspension
5th Breath Test Refusal - Permanent suspension

Again, the information above is general in nature. Other factors may apply that subject your Kansas DUI case to different laws, e.g. if you are a minor. It is important to seek counsel from a Kansas DUI lawyer immediately to help you through this difficult process. Please call our offices today at 913-909-8288 or 816-809-9929

KANSAS DUI CRIMINAL CASE : There are number of considerations in every Kansas DUI case. The potential penalties involved are : jail time, fines, driving privilege restriction or suspension, alcohol treatment programs (ADSAP), probation and compliance issues, vehicle impoundment, among others.

The KS law relating to DUI conviction is as follows :

1st Conviction - Class B Misdemeanor. 48 hours to 6 months jail. $500.00 - $1,000.00 court fine range. 30 Day license suspension followed by 330 days restricted. Court ordered alcohol treatment program among other potential Court orders

2nd Conviction - Class A Misdemeanor. 90 days to 1 year jail. $1,000.00 - $1,500.00 court fine range. 1 year suspension followed by 1 year ignition interlock. Court ordered alcohol treatment program among other potential Court orders.

3rd Conviction - Felony. 90 days to 1 year. $1,500.00 - $2,500.00 court fine range. 1 year license suspension followed by 1 year ignition interlock. Court ordered alcohol treatment program among other potential Court orders.

4th and Greater : Generally, fines and penalties are increased.

As you can see, it is very important to have a qualified Kansas DUI lawyer on your side. In formulating a defense for your Kansas DUI case, your attorney will consider whether the Prosecution's case is strong enough to support a conviction of DUI, whether the case should be tried, and/or whether a plea bargain or diversion (if eligible) should be sought. Each case is unique and it will not be possible to make this determination until the entire case is analyzed. Your Kansas drunk driving lawyer will secure your driving record, the police reports, videos if available, a thorough interview with you, interviews from any potential witnesses/passengers, and any other relevant information to help determine and recommend the appropriate defense for your KS DUI case.

KS DUI DIVERSION : Kansas DUI law is unique, in that it allows for a diversion in qualifying cases. Generally, you may be eligible for DUI diversion if : (1) this DUI charge is your first offense and you have never entered into a KS DUI diversion before; and (2) there was no accident resulting in personal injury or death. The prosecutor has discretion as to whether or not a DUI diversion will be offered. Kansas DUI Diversion is an agreement between you and the Court where you give up your right to a speedy trial and jury trial in exchange for an opportunity to avoid a conviction for DUI. You will have to pay a fine, agree not to use alcohol or drugs, attend a court ordered alcohol assessment and treatment program, and any other conditions required by the Court. The criminal charge of DUI will be dismissed if you successfully complete all diversion conditions required of you.

Diversion can be a good option, but there are a few important considerations before entering any diversion agreement, and they are : (1) your license may still be suspended as a result of the administrative case; (2) for criminal and suspension purposes, your diversion will count as a prior conviction so you are likely to be prosecuted in the 2nd or subsequent case as though you received a DUI conviction in your diversion case; and (3) if you do not complete the diversion, your case will be processed with the Court on stipulated facts from the Officer reports and other evidence, which means your defense lawyer cannot submit or challenge the prosecution's evidence in the defense of your case.

A Kansas DUI is a serious matter. You need a serious and experienced Kansas DUI attorney. Please call our office today to schedule an appointment : 816-809-9929 or 913-909-8288.  

We handle DUI cases in the following cities and counties in Kansas : Johnson County, Miami County, Leavenworth County, Shawnee County, Wyandotte County, Douglas County, Overland Park, Olathe, Lenexa, Shawnee, Merriam, Leavenworth, Lawrence, Topeka, Paola, Spring Hill, Leawood, Prairie Village, Mission Hills, Fairway, Roeland Park, Kansas City, KS, Mission, and other nearby areas.