Like any other state, Kansas prioritizes removing drunk drivers from the road. When you are accused of driving while under the influence of alcohol or drugs, you could face serious consequences, including hefty fines, license suspension, higher insurance rates, and even jail. A conviction for driving under the influence (DUI) also goes on your permanent criminal record.
If you are facing a DUI accusation, contact a well-versed criminal attorney with experience defending these charges. A Hays DUI lawyer has the knowledge and skills to obtain a favorable outcome for your case.
DUI Charges and Penalties
Kansas Statute § 8-1567 details the potential penalties for a DUI conviction. A person could be arrested for DUI under three circumstances:
When consenting to a chemical test, and the results indicate a blood alcohol concentration (BAC) of 0.08 or higher
Refusing to submit a chemical test
Showing signs of impairment to a degree that renders them unfit to drive, regardless of BAC level
The arresting officer must document the evidence and indications that led to the driver’s detention and request a sobriety test.
Drunk Driving Penalties
A first DUI offense is a Class B, non-person misdemeanor, with a possible prison term of six months. However, a recent amendment to the law abolished the requirement that a convicted offender serve at least 48 hours in jail. It is now possible for a first offender to avoid jail time altogether.
Subsequent DUIs carry harsher penalties, including mandatory jail time. A third DUI conviction within a decade could result in a felony charge. DUI convictions could entail heavy fines, supervised probation, mandatory substance abuse treatment, community service, and other potential penalties. A seasoned DUI defense attorney could help someone in Hays understand the potential penalties associated with their charges.
After a DUI arrest, the officer typically takes the driver’s license and provides a suspension notice, which serves as a temporary license. The driver must make a written request to the Kansas Department of Revenue for an administrative hearing within 14 days, or their license is suspended automatically.
Contacting a Hays driving while impaired attorney immediately after a DUI arrest is imperative. A legal professional at Addair Law could request a hearing and ask that the arresting officer receive a subpoena to attend. Legal professionals could also ask for any audio or video recordings of the arrest. Unlike a criminal proceeding, the driver must prove that their license should not be suspended at the administrative proceeding.
A diligent legal professional could also prove that the arrest was improper or unjustified or that the suspension was improper for some other reason. If a driver loses at the administrative hearing, they could appeal, and a trial judge would hear the evidence and make a ruling.
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Defending a DUI in Criminal Proceedings
Many people believe beating a DUI is impossible after failing a chemical test, but this is not the case. A skilled Hays DUI attorney could review the circumstances and craft an effective defense tailored to the situation. Every case is unique, but DUI defenses often fall into one of several categories.
Civil Rights Violations
For a traffic stop to be lawful, the police must observe erratic driving or have a reasonable suspicion of criminal activity. They must also notice signs of impairment before requesting a sobriety test while informing the driver of their right to refuse the test and its consequences. A defense attorney could analyze video and audio recordings and compare them to the officer’s arrest report. Discrepancies may lead to the dismissal of charges or evidence suppression.
Challenging Testing Procedures and Results
Strict protocols are in place for testing suspected intoxicated drivers. Officers must be certified to administer sobriety and chemical tests and follow specific equipment maintenance and calibration requirements. A defense attorney could investigate deviations from the protocol to challenge the results.
Diversion Programs
Sometimes, admitting guilt and enrolling in a diversion program can benefit the defendant. Such programs involve alcohol and drug education, a one-year abstinence requirement, and other conditions. If successfully completed, the court dismisses the charge, and no conviction on the driver’s criminal record is available to the public. However, the charge and diversion will count as prior offenses in the case of a subsequent DUI.
Contact a Hays Attorney Immediately After a DUI Arrest
A DUI arrest could have a profound impact on your life. A conviction could lead to lost driving privileges, fines, increased insurance premiums, and lost opportunities for employment and other benefits. At Addair Law, we understand your challenging position and want to help you.
A Hays DUI lawyer at our firm could help minimize your consequences.
Call as soon as you are arrested on a driving under the influence charge.
