Driving under the influence (DUI) is among the most common criminal offenses faced by residents of Manhattan. Even if you have no history of DUI, a single conviction could lead to a license suspension, fines, and even jail time, and subsequent offenses come with increasingly severe sanctions upon conviction. In addition to these potential criminal penalties, a DUI arrest also starts an administrative action by the Kansas Department of Revenue against your license. This can result in a license suspension and the mandatory use of an ignition interlock device. Please note: you only have 14 DAYS to request a hearing on your license or you will automatically be suspended!
You should not attempt to contest these charges without help from an experienced Manhattan DUI lawyer. Our qualified criminal defense attorneys have been through DUI training developed by the National Highway Traffic Safety Administration usually only available to law enforcement and could provide you with the assistance you need during your DUI case. Tom Addair is a former DUI prosecutor.
How State Law Defines DUI for Different Drivers
Under Kansas Statutes § 8-1567, it is against the law for a person to operate or attempt to operate a motor vehicle if they have an 0.08 percent or more blood alcohol concentration (BAC), or if they are impaired to the point that they cannot safely drive due to the consumption of alcohol, legal medication, or illegal controlled substances. Furthermore, a BAC of 0.02 percent or more can lead to a license suspension for anyone under the age of 21, and the legal limit for individuals with a commercial driver’s license (CDL) operating a commercial vehicle is 0.04 percent.
If a police officer confirms through breath, blood, or saliva testing that a person’s BAC exceeded the applicable legal limit, they may be charged with DUI regardless of whether that individual’s ability to safely operate their vehicle was significantly impaired. Additionally, certain factors like a BAC of over 0.15 percent or refusal to participate in a blood alcohol test may result in additional or enhanced license restrictions. A well-practiced Manhattan attorney could discuss on a case-by-case basis what consequences might result from a particular DUI offense.
What Substances Can Impair a Driver?
Many different types of drugs can leave someone with an impaired driving ability. While the most common substance is alcohol, there are other intoxicants that police officers will be looking for as well, including both prescription and illicit drugs.
Some of the drugs that can result in an arrest if they are consumed while or prior to driving include Valium, Xanax, Loritab, and others. Even with a valid prescription, a person can be charged with driving under the influence if the officer believes any of these drugs were affecting their ability to drive. Our attorneys have undertaken specialized training to combat the government’s Drug Recognition Expert’s testimony in court.
Criminal Penalties and License Restrictions
Under current state law, a first-time DUI conviction may result in a 30-day to 1-year license suspension followed by 330 days or more of license restrictions, $500 to $1,000 in fines plus court costs, mandatory participation in an alcohol/substance safety education program, and mandatory 48 hours of imprisonment or 100 hours of community service. A second conviction would increase applicable penalties to a one-year license suspension followed by mandatory installation of an ignition interlock device, $1,000 to $1,500 in fines plus court costs, and 90 days to one year of imprisonment. On a conviction for a second offense you must serve 5 of those 90 days in jail.
Third and subsequent DUI offenses are considered felony offenses (although under certain circumstances a third offense might be considered a misdemeanor) punishable by even harsher fines and additional post-release supervision after release from imprisonment. A knowledgeable DUI lawyer in Manhattan could go into more detail about legal options for a particular individual during a confidential consultation.
Talk to a Manhattan DUI Attorney Today
DUI offenses are treated even more harshly in the public eye now than they were in years past, and subsequent offenses can have an increasingly severe impact on your personal and professional life. Regardless of your DUI history, you should take this kind of allegation seriously and do everything possible to mitigate the effect your charge could have on your future.
A Manhattan DUI lawyer could provide essential advice fighting for your rights and securing a positive case result. To discuss your unique situation, call today.