Kansas laws regarding marijuana are generally contingent on proving that you were in possession of any form of marijuana or paraphernalia. However, if a police officer believes you’re operating a vehicle under the influence of marijuana, you can be charged with Driving Under the Influence.
According to Kansas Statute, KSA§ 8-1567: in addition to those under the influence of alcohol, DUI applies to any driver “under the influence of any drug or combination of drugs to a degree that renders the person incapable of safely driving a vehicle; or under the influence of a combination of alcohol and any drug or drugs to a degree that renders the person incapable of safely driving a vehicle; or is a habitual user of any narcotic.”
Penalties for drug-related DUI are the same as those for alcohol-related DUI. Depending on prior convictions, the penalties could be as follows:
1st Offense – 48 hours to six months in jail, up to $1000 fine, license suspension for a minimum of 30 days, 180 days of driving with an ignition interlock device installed in your vehicle
2nd Offense – 5 days to 12 months in jail, up to $1750 fine, license suspension for one year, one year of driving with an ignition interlock device installed in your vehicle
3rd Offense – 90 days to one year in jail, up to $2500 fine, license suspension for one year, two years of driving with an ignition interlock device installed in your vehicle
Kansas law considers operating or attempting to operate a vehicle “implied consent” to submit to chemical DUI testing of blood, urine, breath, or saliva. If you’re pulled over, an officer may ask you to submit to such a test. You are within your rights to refuse this test, but refusal comes with its own possible consequences.
Looking For DUI Attorneys In Wichita?
We recommend contacting the DUI attorneys at McConnell Law Firm as soon as possible after a marijuana-related DUI. It’s important to remember that every case is different, and no conclusions should be drawn without first consulting an attorney about the specifics of your case. With that in mind, when you contact us, we will walk you through the process of both the administrative and criminal proceedings and fight to reduce the time you spend in court proceedings. We may be able to win an acquittal, win a dismissal, or negotiate a diversion and help protect your driving privileges as well as reducing the impact on your driving record and future insurance payments.
Please contact our DUI attorneys today for a free consultation. We look forward to helping you!
