When a person faces an arrest and prosecution for allegedly driving under the influence (DUI), it is understandable for them to be scared and confused. For many people, this is their first experience with the police in a negative light and their first entry into the criminal court system. From being arrested, to having their license confiscated, to having to appear in court, the experience can be daunting.
If you find yourself in this situation, a Pottawatomie County DUI lawyer could be a valuable ally. A skilled criminal defense attorney could work with you to explain the laws that control your case, evaluate the evidence that led to an arrest, contest the state’s accusations, and protect your rights and freedoms in court.
Kansas Statute § 8-1567 defines both DUI and the penalties for all DUI offenses. The statute explicitly outlaws the operation of a vehicle while affected by either drugs or alcohol. This means that police officers can make a traffic stop and arrest a driver based upon a reasonable suspicion of drinking or drug usage.
Additionally, state law prohibits even attempting to operate a vehicle while under the influence. This can lead to seemingly unfair arrests after police observe a person either sleeping in the front seat of a car or sitting in the back with their keys in hand.
Kansas’ DUI statute contains five separate examples of how a person may violate the law. These include:
To obtain this evidence, a police officer may demand that a driver submit to a blood or breath test. They could also ask a driver to participate in a field sobriety test. No matter the exact methods that law enforcement used to obtain evidence against a driver, a Pottawatomie County DUI attorney is prepared to fight back against these tactics in court.
The State takes the prospect of DUI extremely seriously, and the punishments for a conviction are accordingly harsh. A conviction for even a first-time DUI under the statute carries multiple penalties, including:
These are only the minimum penalties that may apply after a first conviction and with no aggravating factors. If a driver is involved in a DUI that results in bodily harm to another person or has prior convictions on their record, DUI can quickly become a life-altering felony accusation. A seasoned lawyer is ready to present a strong defense against any example of a DUI charge in Pottawatomie County.
If police have charged you with a DUI in Pottawatomie County, a diligent legal professional at our firm may be able to help. They will stand by your side every step of the way from arraignment and bail hearings, through pre-trial motions, to a potential trial.
Whether your goal is to seek a fair and equitable plea deal or to fight the charges in a full trial, our dedicated attorneys will protect your interests with vigor and diligence. With possible consequences ranging from a lengthy jail sentence and hefty fines to license suspension and required education programs, the stakes are high. Do not take any unnecessary chances. Contact a Pottawatomie County DUI lawyer today.