DUI Lawyers

While officers may request that you perform a series of field sobriety tests after being stopped, you can actually refuse testing of any kind. The only thing you are required to do in the state of Kansas is to stop, follow all lawful orders such as turning off your vehicle and stepping outside if instructed, and provide law enforcement with your driver’s license, registration, and proof of insurance. Other than that, you are not required to do anything else, including speaking to the officer any further.

Additionally, you are not required to undergo a breathalyzer test and may politely decline by simply responding with “no.” Should you submit to testing and fail, you can be charged with a DUI and face the consequences attached to the charge, which is why our DUI attorneys in Wichita recommend remaining silent and contacting an experienced attorney as soon as possible.

Blood-alcohol concentration (BAC) helps measure the ratio of ethanol in your blood and refers to the amount of alcohol in your bloodstream. This measurement can indicate one’s level of sobriety and is often used in court as evidence of one’s drunk driving charge. In Kansas, it is illegal to operate a motor vehicle with a blood or breath alcohol concentration of .08 percent or higher, after which a driver will be rendered unable to safely operate a vehicle.

According to Kansas statute, all Kansas drivers convicted of a DUI face license suspension; however, the duration of the suspension for a first offense increases to one year if the offender’s BAC is 0.15 or higher. Once the license suspension has been served, the offender is restricted to driving only with an ignition interlock device (IID) for one year and may face a $200 reinstatement fee. During the license suspension period, the driver may apply for a restricted license.

Further offenses for a BAC of .15 or higher carry penalties as follows:

Second Offense

• License suspension for one year
• Restricted driving with an IID for two years
• $400 reinstatement fee
• 48 hours in custody followed by 120 hours of house arrest (can be served in any order, non-consecutively)

Third Offense

• License suspension for one year
• Restricted driving with an IID for three years
• $600 reinstatement fee
• 30-day mandatory minimum time in custody

Fourth Offense

• License suspension for one year
• Restricted driving with an IID for four years
• $800 reinstatement fee

While convictions for minor offenses will remain on a defendant’s driving record for three years, DUI convictions and diversions will stay on a driving record for the driver’s lifetime. However, the driver may be able to have a conviction expunged after a set amount of time has passed. While the conviction may remain visible on certain government records or background checks, you can reduce the possibility of future employers or organizations learning about your conviction by partnering with an experienced DUI attorney who can help guide you through the expungement process. A driver’s eligibility for expungement is listed as follows:

• First DUI offenses occurring on or after 1982 are eligible for expungement after five years have elapsed.
• Subsequent DUI offenses occurring on or after July 1, 2014, but prior to July 1, 2015, are eligible to be considered for expungement if seven years have elapsed.
• Subsequent DUI offenses occurring on or after July 1, 2006, to June 30, 2014, and on or after July 1, 2015, to present are eligible to be considered for expungement if 10 years have elapsed.

While it is possible to be charged with a felony or a misdemeanor DUI charge, a standard first offense will almost always result in a misdemeanor unless the DUI offender kills or seriously injures another party. In this case, the driver will likely face felony charges. Additionally, if the driver has previous DUI charges, they may be more likely to be charged with a felony DUI. In the state of Kansas, a third-time offender must have no prior DUI charges within the previous 10 years to receive a misdemeanor conviction; otherwise, it will likely result in a felony.

Although you are not required to hire an attorney following a DUI charge, it is advisable to retain a DUI lawyer to help protect your rights. An experienced DUI attorney in Wichita may be able to successfully negotiate the dismissal of your charge or negotiate a reckless driving charge rather than a DUI. Even if you think a DUI conviction is inevitable, having a trusted DUI attorney by your side will be to your benefit and can potentially save you from a conviction.