DUI Implications for Commercial Drivers in Kansas

February 4th, 2024

Commercial drivers in Kansas operate under a microscope of stringent regulations and heightened expectations. The ramifications of a DUI (Driving Under the Influence) charge for those holding a Commercial Driver’s License (CDL) are severe, extending beyond the immediate legal consequences to potentially career-ending repercussions. This article delves into the unique challenges and elevated standards that commercial drivers face in Kansas when confronting a DUI charge, aiming to shed light on the gravity of the situation and the critical steps needed to navigate this precarious landscape.

Elevated Blood Alcohol Concentration (BAC) Standards

For most drivers, the legal blood alcohol concentration (BAC) limit in Kansas is 0.08%. However, for commercial drivers, the threshold is significantly lower at 0.04%, recognizing the increased responsibility they carry. This lower limit reflects the critical nature of commercial driving and the potential for catastrophic outcomes should a commercial driver operate their vehicle under the influence.

Immediate Consequences of a DUI Charge

Upon being charged with a DUI, a commercial driver faces immediate administrative penalties. The Kansas Department of Revenue enforces a swift suspension of the CDL, even before a court conviction. This immediate action underscores the zero-tolerance policy for impaired commercial driving, aiming to protect public safety at all costs.

Long-Term Impact on Professional Licenses and Careers

A DUI conviction carries weighty consequences for a commercial driver’s career. Beyond the legal penalties, which may include fines, jail time, and mandatory education or treatment programs, the loss of a CDL can be devastating. A first-time DUI offense can result in a one-year suspension of the CDL, while a second offense could lead to a lifetime disqualification. The ripple effects extend to job loss, financial instability, and significant challenges in finding employment within the commercial driving sector.

The Critical Role of Legal Representation

Given the stakes, securing experienced legal representation is paramount for commercial drivers facing a DUI charge in Kansas. An attorney specializing in DUI and CDL cases can provide invaluable guidance, from navigating the complexities of administrative hearings to developing a robust defense strategy aimed at preserving the driver’s license and livelihood.

Preventative Measures and Best Practices

Prevention is the cornerstone of avoiding the dire consequences of a DUI for commercial drivers. Adherence to company policies, regular participation in safety and substance abuse training, and a commitment to responsible driving practices are non-negotiable elements of a commercial driver’s professional ethos. Moreover, understanding the legal and personal support resources available can equip drivers to make informed decisions and seek help when needed.

The path of a commercial driver in Kansas, marred by a DUI charge, is fraught with challenges and life-altering consequences. The stringent standards reflect the critical responsibility these drivers bear and the uncompromising commitment to public safety that the state upholds. For commercial drivers, the message is clear: the road demands vigilance, adherence to the highest safety standards, and an unwavering commitment to sober driving. The cost of a lapse in judgment extends far beyond legal penalties, striking at the very heart of a driver’s professional identity and means of livelihood.

An experienced Kansas DUI Defense Attorney can help you to decrease the chance that you will be convicted by carefully analyzing your case and building a strong defense on your behalf. Your Kansas DUI defense Attorney knows how to protect your rights, your freedom, and your driver’s license. There is a lot at stake in every case where a driver is charged with DUI involving drugs, and your Kansas DUI Defense Attorney is dedicated to helping you obtain the best possible results. If you have a question about DUI involving drugs, or, if you need representation, please call (316) 264-1548 today, to speak with a Kansas DUI Defense Attorney.

Understanding DUI Laws in Kansas: Consequences and Legal Implications

January 2nd, 2024

Driving under the influence (DUI) is a serious offense in the state of Kansas, as it is across the United States. DUI cases can have severe consequences, affecting not only the driver but also potentially endangering other road users. In this article, we will explore the DUI laws in Kansas, including legal limits, penalties, and other important information to help residents and visitors understand the implications of DUI offenses in the Sunflower State.

Blood Alcohol Concentration (BAC) Limits

Kansas, like many states, has established specific blood alcohol concentration (BAC) limits that determine whether a person is legally intoxicated while operating a motor vehicle. In Kansas, the following BAC limits apply:

1. 21 years and older: A BAC of 0.08% or higher is considered illegal for adults of legal drinking age. This limit is consistent with the national standard set by the U.S. government.

2. Under 21 years old: For individuals under the age of 21, Kansas enforces a zero-tolerance policy. This means that any detectable amount of alcohol in their system while driving is unlawful.

3. Commercial drivers: Commercial drivers are held to a stricter standard, with a BAC limit of 0.04% or higher constituting a DUI offense.

Penalties for DUI Offenses

DUI offenses in Kansas come with significant penalties that can vary depending on several factors, including the driver’s BAC level and any previous convictions. Here are the typical penalties for DUI offenses in the state:

First Offense:
– A fine ranging from $750 to $1,000
– Imprisonment for up to 6 months
– A driver’s license suspension for 30 days (followed by restrictions)
– Completion of an alcohol evaluation and possible participation in an alcohol education program
– Ignition Interlock Device (IID) installation if BAC was 0.15% or higher

Second Offense (within 10 years):
– A fine between $1,250 and $1,750
– Imprisonment for 90 days to 1 year
– Driver’s license suspension for 1 year
– Mandatory alcohol treatment program
– IID installation

Third Offense (within 10 years):
– A fine ranging from $1,750 to $2,500
– Imprisonment for 90 days to 1 year
– Driver’s license suspension for 1 year
– Mandatory alcohol treatment program
– IID installation

Fourth or Subsequent Offense (within 10 years):
– A felony charge with more severe penalties, including substantial fines and longer imprisonment

Aggravated Factors:
Certain circumstances can elevate a DUI offense to an aggravated DUI, resulting in harsher penalties. These factors include:
– BAC of 0.15% or higher
– DUI with a child passenger under the age of 14
– Refusal to submit to a breathalyzer or blood test

DUI and Your Driver’s License

A DUI conviction in Kansas will result in a driver’s license suspension or revocation, depending on the number of previous convictions and the circumstances of the offense. After a suspension, you may be required to install an Ignition Interlock Device (IID) to regain driving privileges.

Legal Process and Defenses

When facing DUI charges in Kansas, it is crucial to understand your legal rights and options. Consultation with an experienced DUI attorney can help you navigate the legal process and explore potential defenses. Some common defenses include challenging the legality of the traffic stop, disputing the accuracy of BAC testing, or questioning the conduct of law enforcement officers during the arrest.

A Final Word About DUI Charges in Kansas

Driving under the influence is a serious criminal offense in Kansas, with significant legal and personal consequences. Understanding the state’s DUI laws, including BAC limits and penalties, is essential to making informed decisions and avoiding legal troubles. If you find yourself facing DUI charges, seeking legal counsel is highly recommended to protect your rights and explore potential defenses. Remember that the best way to avoid a DUI conviction is to never drink and drive; always arrange for a designated driver or alternative transportation if you have consumed alcohol.

An experienced Kansas DUI Defense Attorney can help you to decrease the chance that you will be convicted by carefully analyzing your case and building a strong defense on your behalf. Your Kansas DUI defense Attorney knows how to protect your rights, your freedom, and your driver’s license. There is a lot at stake in every case where a driver is charged with DUI involving drugs, and your Kansas DUI Defense Attorney is dedicated to helping you obtain the best possible results. If you have a question about DUI involving drugs, or, if you need representation, please call (316) 264-1548 today, to speak with a Kansas DUI Defense Attorney.

Your Constitutional Rights and DUI Stops in Kansas

December 5th, 2023

 

As a DUI defense attorney in Kansas, you know that protecting your clients’ constitutional rights is paramount during DUI stops. Understanding these rights can make the difference between a successful defense and a conviction. In this comprehensive article, we will explore the constitutional rights that come into play during DUI stops in Kansas, empowering individuals to make informed choices and safeguard their legal interests.

The Fourth Amendment: Protection Against Unreasonable Searches and Seizures

The Fourth Amendment of the United States Constitution safeguards citizens against unreasonable searches and seizures by law enforcement. During a DUI stop in Kansas, this means that law enforcement officers must have a valid reason, or “probable cause,” to stop and detain a driver.

It’s important to remember that DUI checkpoints or roadblocks are subject to specific guidelines, and officers cannot pull over vehicles arbitrarily. Understanding your Fourth Amendment rights can help you assess the legality of a DUI stop.

The Right to Remain Silent: The Fifth Amendment

The Fifth Amendment protects your right to remain silent and not incriminate yourself. When pulled over for suspicion of DUI in Kansas, you have the right to decline answering potentially self-incriminating questions such as “Have you been drinking?” or “How much have you had to drink?”

Politely and respectfully invoking your right to remain silent does not constitute admission of guilt and cannot be used against you in court.

The Right to Legal Counsel: The Sixth Amendment

The Sixth Amendment guarantees your right to legal counsel. If you are arrested for DUI in Kansas, you have the right to consult with an attorney before answering any questions or submitting to chemical tests, such as a breathalyzer or blood test.

It’s crucial to contact a DUI defense attorney promptly to ensure that your rights are protected during the legal process.

Implied Consent and the Right to Refuse Chemical Testing

Kansas operates under implied consent laws, which means that by obtaining a driver’s license, you have implicitly consented to submit to chemical testing if suspected of DUI. However, you still have the right to refuse these tests.

While refusal may result in administrative penalties, such as a license suspension, it can also limit the evidence against you in a DUI case. Consult with an attorney to weigh the pros and cons of refusing chemical testing in your specific situation.

The Right to Due Process: The Fourteenth Amendment

The Fourteenth Amendment ensures that you are entitled to due process of law. This includes fair and impartial treatment during DUI stops, arrests, and legal proceedings. Any violations of your constitutional rights during a DUI stop can lead to the exclusion of evidence or even the dismissal of charges.

Understanding your constitutional rights during DUI stops in Kansas is essential for protecting yourself if you find yourself facing DUI charges. The Fourth Amendment guards against unreasonable searches and seizures, while the Fifth Amendment allows you to remain silent to avoid self-incrimination. The Sixth Amendment ensures your right to legal counsel, and implied consent laws govern chemical testing.

If you believe your constitutional rights were violated during a DUI stop, it’s crucial to consult with an experienced DUI defense attorney. They can assess the circumstances of your case, determine if your rights were infringed upon, and build a strong defense to safeguard your legal interests. Remember that your rights are fundamental, and they play a vital role in ensuring that justice is served during DUI cases in Kansas.

An experienced Kansas DUI Defense Attorney can help you to decrease the chance that you will be convicted by carefully analyzing your case and building a strong defense on your behalf. Your Kansas DUI defense Attorney knows how to protect your rights, your freedom, and your driver’s license. There is a lot at stake in every case where a driver is charged with DUI involving drugs, and your Kansas DUI Defense Attorney is dedicated to helping you obtain the best possible results. If you have a question about DUI involving drugs, or, if you need representation, please call (316) 264-1548 today, to speak with a Kansas DUI Defense Attorney.

Drugged Driving vs. Drunk Driving in Kansas: Legal Distinctions and Defenses

November 26th, 2023

The legal landscape in Kansas draws clear distinctions between drugged driving and drunk driving, though both offenses share the common element of operating a vehicle under impairment. Understanding these distinctions, along with the potential defenses for each, is crucial for anyone navigating the complexities of Kansas driving laws.

Drunk Driving: Understanding the Legal Framework

In Kansas, drunk driving, commonly referred to as DUI (Driving Under the Influence), primarily revolves around alcohol consumption. The legal limit for blood alcohol concentration (BAC) is set at 0.08% for drivers over the age of 21. For commercial drivers, this limit is lower at 0.04%, and for those under 21, any detectable amount of alcohol can lead to DUI charges. The evidence in drunk driving cases typically involves breathalyzer or blood tests to determine the BAC level.

Drugged Driving: A Different Spectrum of Impairment

Drugged driving, on the other hand, deals with impairment due to the consumption of illegal drugs, prescription medications, or even over-the-counter medications that can impair one’s ability to drive. Unlike alcohol-related DUI, there is no specific ‘legal limit’ for the amount of a drug in one’s system. The prosecution must prove that the driver was impaired by the substance. This can be more subjective and relies heavily on the arresting officer’s observations and sometimes on the results of a drug recognition expert (DRE).

Legal Defenses for Drunk Driving

In drunk driving cases, defenses often focus on questioning the accuracy of BAC testing methods. This could involve challenging the calibration and maintenance of a breathalyzer or the procedures used in blood testing. Other defenses might include contesting the legality of the traffic stop itself, arguing that the officer lacked reasonable suspicion to initiate the stop.

Defenses in Drugged Driving Cases

Defenses in drugged driving cases can be more nuanced. Given the absence of a set legal limit for drugs, defense strategies often involve challenging the officer’s assessment of impairment. This can include questioning the officer’s training and qualifications, especially in recognizing impairment from various substances. In cases involving prescription drugs, a valid defense might include demonstrating that the individual was taking the medication as prescribed and was unaware of its impairing effects.

Evolving Landscape of Drug Recognition and Testing

The evolving science of drug recognition and testing introduces a dynamic element to drugged driving cases. Kansas, like many states, is continually adapting its methods for testing and evaluating drug impairment. This evolving landscape can impact legal strategies, as emerging science and technology can provide new avenues for defense or prosecution.

Conclusion: Navigating Complex Legal Waters

Navigating the legal distinctions between drugged and drunk driving in Kansas requires a nuanced understanding of the state’s laws and the science behind impairment testing. The defenses in each case type differ, hinging on the specifics of the impairment detection methods and the circumstances of the arrest. For individuals facing these charges, it is crucial to seek legal counsel familiar with the intricacies of Kansas DUI laws and the latest developments in impairment evaluation techniques. This specialized knowledge is key to effectively defending against charges and understanding the legal journey ahead.

An experienced Kansas DUI Defense Attorney can help you to decrease the chance that you will be convicted by carefully analyzing your case and building a strong defense on your behalf. Your Kansas DUI defense Attorney knows how to protect your rights, your freedom, and your driver’s license. There is a lot at stake in every case where a driver is charged with DUI involving drugs, and your Kansas DUI Defense Attorney is dedicated to helping you obtain the best possible results. If you have a question about DUI involving drugs, or, if you need representation, please call (316) 264-1548 today, to speak with a Kansas DUI Defense Attorney.

Kansas DUI Defense Attorney Discusses DUI Offenses Involving Drugs

July 30th, 2015

One of the ways in which a driver who is charged with DUI may incur additional penalties is if they are also suspected of driving under the influence of any drug or combination of drugs that could affect their ability to drive safely. Drivers who are convicted of the crime of DUI involving drugs may receive any and all standard DUI penalties, plus penalties for the drug charges that relate to the other substances that were present in their system at the time of their arrest.

Penalties for DUI can be harsh, and the license suspension, fines, and other consequences can have a big impact on your life in many ways. You could encounter difficulty in keeping your job if you are unable to find reliable transportation to get to work. Fines and other fees could put a strain on your already tight budget. Requirements like classes and counseling also cost money, and you have to find transportation to attend them. When you add drug charges to the equation, you could have to spend time in jail, pay additional fines, and more. A conviction for DUI involving drugs will affect your life in even more ways than a standard DUI conviction.

As with any offense, there is always the possibility of a successful defense against charges of DUI involving drugs. The defenses that may be available to you will depend, in large part, upon the unique circumstances of your case. For example, the police must have a reasonable suspicion that you are under the influence of alcohol and/or drugs before they can investigate you. If the suspicion was not reasonable, it is possible that you may use that as a defense. Sometimes, police officers ask drug recognition experts for help in determining whether an individual is likely under the influence of drugs. Some of the methods that the “experts” use to assess individuals and determine whether they are under the influence of drugs are questionable, in terms of their accuracy. This could be another possible avenue for a defense. Physical evidence like blood and urine samples can also provide a means for a defense if they were obtained illegally, or if there was some problem with the way that they were handled or tested.

A conviction for DUI involving drugs can have serious long-term consequences. An experienced Kansas DUI Defense Attorney can help you to decrease the chance that you will be convicted by carefully analyzing your case and building a strong defense on your behalf. Your Kansas DUI defense Attorney knows how to protect your rights, your freedom, and your driver’s license. There is a lot at stake in every case where a driver is charged with DUI involving drugs, and your Kansas DUI Defense Attorney is dedicated to helping you obtain the best possible results. If you have a question about DUI involving drugs, or, if you need representation, please call (316) 264-1548 today, to speak with a Kansas DUI Defense Attorney.

 

 

Kansas DUI Defense Attorney Defines the Term “Vehicle”

June 8th, 2015

A recent incident in Fargo, North Dakota has reminded us that some people drive vehicles other than cars when they are intoxicated. Parents and other spectators at a girls’ high school hockey game contacted police when they noticed that the Zamboni driver was driving erratically and crashing hard into the boards on the side of the rink as he cleared the ice between periods. The driver was arrested and charged with driving under the influence of alcohol, after testing indicated that he had a blood alcohol level that was over three times the legal limit. When the Zamboni driver appeared in court, his attorney tried to argue that a Zamboni is not a vehicle, but the judge did not agree and the man was convicted of driving under the influence of alcohol.

In Kansas, a person may not operate or attempt to operate any vehicle while they are under the influence of alcohol and/or drugs. As the situation from North Dakota illustrates, it is important that people understand what a vehicle is, so that they can know whether their activities fall within the range of conduct that is prohibited by Kansas’s drunk driving laws. Some types of vehicles are obvious, like the cars, trucks, buses, SUVs, motorcycles, and tractor trailers that you see on the road every day. However, since the Kansas statutes define the term “vehicle” as “a device in, upon or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power or used exclusively upon stationary rails or tracks”, there are many other devices or modes of transportation which could be considered vehicles.

The aforementioned definition of “vehicle” would appear to exclude bicycles, because they are powered by humans. However, individual municipalities within the state are free to adopt their own versions of Kansas traffic laws. There are at least some municipalities which have amended the statutory language so that it would include bicycles, so it is possible to be charged with DUI while you are riding a bicycle, at least in some places within Kansas. Since the local laws in Kansas may vary as to what constitutes a vehicle, the easiest way to avoid being charged with DUI is to avoid being in control of any method of transportation after consuming alcohol.

If you have been charged with driving under the influence of alcohol, you are likely very concerned about the impact that those charges may have on your life right now, as well as in the future. Since a DUI conviction can have such a big impact on so many areas of your life, it is important that you seek help from a Kansas DUI Defense Attorney. A Kansas DUI defense attorney can give you the best possible defense against DUI charges, and they can often find ways to reduce or eliminate the negative consequences associated with those charges. To learn more, please call (316) 264-1548.

 

Kansas DUI Defense Attorney Discusses Probable Cause

May 15th, 2015

Any time a police officer pulls someone over; they must have some legal basis for the stop. In order for such a legal basis to exist, the officer must have been able to see the driver doing something that violated one or more laws. The requirement that there be a legal basis for every vehicle stop is called probable cause. Any arrest that arises from a vehicle stop that was conducted without probable cause is invalid. Because a lack of probable cause invalidates an arrest, lack of probable cause is an important defense against DUI charges.

A police officer cannot simply say that they had probable cause to stop your vehicle. They must be able to describe the conduct that they observed that was a violation of the law. For example, if you failed to stop at a stop sign and the officer observed you as you went through the intersection without stopping, they would say that they had probable cause to stop your vehicle because it failed to stop at a stop sign. Some of the reasons that officers try to provide as evidence of probable cause are not observable violations of the law. For example, no driver remains exactly in the center of their lane all of the time. If an officer claims that they had probable cause to stop your vehicle because your vehicle was weaving within your lane, that may not be enough to support a finding that there was probable cause to stop you. If, on the other hand, an experienced law enforcement officer sees a driver weaving in a dramatic fashion for a substantial distance, that observation would likely support a finding that there was in fact probable cause for the stop.

In addition to having probable cause to make the stop, a law enforcement officer must also have probable cause to make an arrest. When you are stopped and the officer comes to your window and checks your license and registration, they also observe you for signs of intoxication. In order to arrest you, they must see something that would cause a reasonable officer to believe that you were driving while under the influence of alcohol. If the officer could not have observed anything that would have given them probable cause to arrest you, you may be able to have evidence like blood or breath tests that were obtained after the arrest excluded from evidence. This is called suppression, and it is a very effective way to defend against DUI charges.

If there is a possibility that the police officer who arrested you did not have probable cause for the vehicle stop, the arrest, or both, it is possible that the lack of probable cause could be the basis for a successful defense against your DUI charges. A Kansas DUI Defense Attorney can help you to reduce your chances of being convicted of driving under the influence of alcohol. To learn more about probable cause and other defenses against Kansas DUI charges, please call (316) 264-1548.

 

Kansas DUI Defense Attorney Discusses Illegal Searches

April 30th, 2015

Last month, the Kansas Court of Appeals panel ruled that a District Court judge had incorrectly suppressed blood evidence in a case where a driver was charged with operating under the influence of drugs, involuntary manslaughter, and aggravated battery at the time of his involvement in an accident involving a fatality. The suppression was based upon a lack of probable cause. The case has been remanded to the district court in Hutchinson.

The blood evidence that is at issue in this case is a blood sample that was drawn while the defendant, Troy Meitler, was unresponsive. At the time that the blood sample was drawn, Meitler was receiving emergency medical treatment after he was injured in an automobile accident. Since Troy Meitler was unresponsive, he was unable to consent to having his blood drawn when a state trooper asked him for consent to do so. The state trooper maintains that no such consent was required for the sample to be taken, though, due to a Kansas statute that was enacted in 2008 which states that a driver’s involvement in an accident which results in serious injury or death constitutes a traffic violation which provides probable cause to conduct a warrantless search.

There is more to this case than the text of the 2008 Kansas warrantless search statute, though. In suppressing the blood evidence, the District Court judge cited a ruling from the Court of Appeals which declared the 2008 Kansas warrantless search law unconstitutional because it violates the Fourth Amendment protection against illegal searches. In that same ruling, the Declerck decision, the Court of Appeals further concluded found that a driver’s involvement in a traffic accident is not a valid reason to suspect that the driver was under the influence of drugs or alcohol, even if the accident caused serious injuries or death. However, the Court of Appeals, in its decision, ruled that evidence obtained from Meitler’s blood sample could be admitted as evidence because the trooper acted in good faith when ordering the blood sample, and the trooper’s lack of awareness regarding the unconstitutionality of the statute was reasonable.

It will be interesting to see how the district court rules now that the case has been remanded, as well as whether the case will be appealed again. In his dissenting opinion, Appeals Court Judge Gordon Atcheson mentions the decision of the United States Supreme Court in the case of Illinois vs. Krull, which states that there are two situations in which an officer’s good-faith reliance on an unconstitutional statute does not justify their actions. The situation which applies to the Meitler case is that the legislature completely abandoned its responsibility to enact constitutional laws when it enacted the statute in question, the law permitting warrantless searches after automobile accidents which result in injury or death. Atcheson feels that allowing the trooper to rely on the 2008 Kansas warrantless search statute serves to override the decision of the United States Supreme Court in Krull.

Warrantless searches are just one type of illegal search that can lead to a DUI arrest. If you have been accused of driving under the influence of alcohol, a Kansas DUI Defense Attorney can help you reduce or eliminate the negative consequences associated with those charges. To learn more, please call (316) 264-1548.

Kansas DUI Defense Attorney Discusses Personal Breath Testing Devices

April 25th, 2015

One of the best ways to avoid getting a DUI is to avoid driving while intoxicated. If you have ever enjoyed an alcoholic beverage or two in the company of others, you understand that the state of being intoxicated can look very different from one person to another or even for the same person on different days. While it can be interesting to guess how intoxicated you are, or to assess whether someone else is drunk or sober, guessing alone is not a good idea if you are trying to gauge your own or someone else’s level of intoxication for the purpose of deciding whether either of you should drive. The consequences of getting a DUI are severe, and there is just too much at stake to put your safety on the line without knowing for sure that you are okay to drive.

Fortunately, there is another way to assess your blood alcohol level – the breathalyzer test. It is not possible to know whether your blood alcohol content is over the legal limit without taking some sort of chemical measurement, like a blood test or a breathalyzer test. Unfortunately, the breathalyzer testing devices that are used by police departments cost thousands of dollars. Thanks to recent innovations in technology, breath testing devices have been developed for personal use, and they are being offered to the public at affordable prices.

There are several different types of personal breath testing devices available for purchase, including some models which feature Bluetooth capabilities that can be used to send information to the user’s smartphone. Personal breath testing devices cost between thirty and one hundred dollars and they can achieve close to the level of accuracy that professional quality breathalyzer devices attain.

Personal breath testing devices have the potential to help users to enjoy themselves responsibly, and to avoid getting behind the wheel if they have had too much to drink. They are easy to use, and they are available for sale online as well as in stores. If you choose to invest in one of these helpful devices, be sure to read and follow all of the instructions closely so that you will obtain accurate readings.

The availability of personal breath testing devices could reduce the number of DUI arrests if drivers use them to make more responsible choices. Unfortunately, some drivers who are arrested for driving under the influence of alcohol are not at all intoxicated. When the police make a mistake and arrest an innocent driver, that driver deserves the very best defense. DUI charges can have serious long-term consequences, and a Kansas DUI Defense Attorney can help you to protect your rights, your freedom, and your license. There is a lot at stake in every DUI case, and your Kansas DUI Defense Attorney is dedicated to helping you obtain the best possible result. If you have a question about DUI defense or if you need representation, please call (316) 264-1548 today, to speak with a Kansas DUI Defense Attorney.

Kansas DUI Defense Attorney Talks about Diversion

April 6th, 2015

Sometimes, people who are charged with driving under the influence of alcohol have options that are available to them which are much more appealing than the standard penalties of fines and jail time. Diversion is one such option, and while it can be a wonderful opportunity for any DUI defendant who is eligible for it, it is important that drivers understand what diversion is so that they can decide for themselves whether it is something that they want to pursue.

Earlier this year, a men’s basketball player from Wichita State University was charged with DUI. The young man was offered diversion in exchange for admitting that he did drive while he was intoxicated, and he has entered into a diversion agreement. If he abides by all of the terms of the agreement for one full year, the DUI charges that were brought against him will be dismissed. If he does not abide by the terms of the agreement, the state can resume its pursuit of the DUI charges against him.

Diversion is a way for first-time DUI defendants to take responsibility for their actions and show the court that they have learned their lesson and that they will not drink and drive again. Each DUI defendant’s diversion agreement will contain terms that are unique to their situation and that are designed to encourage the development of more responsible behavior. Some of the things that may be offered for your diversion program include attending presentations, undergoing evaluation for alcohol and substance abuse issues, alcohol treatment programs, driver education classes, and random drug testing. Participants in diversion programs often have to pay fines and court fees, but the overall outcome is often much more appealing than fines paired with jail time, loss of driving privileges, or other consequences.

Drivers who are offered diversion should know that whether or not they are successful in fulfilling the terms of their diversion agreement, their driving records will show the DUI charges. If a driver completes diversion, their driving record will indicate that they completed diversion. Another important thing to know about diversion is that if a driver is charged with DUI after having completed diversion, the charges will be brought as a second offense DUI. Also, some drivers are not at all eligible for diversion, including those with prior DUI convictions, those who were involved in accidents involving injuries, or those who have commercial drivers’ licenses.

If diversion is an option in your DUI case, it is essential that you obtain a diversion agreement that will work for you. A Kansas DUI Defense Attorney can assist you in negotiating a fair diversion agreement that gives you a high likelihood of success. Your attorney can also help you decide whether diversion is the best option for you. If it is possible that your case could be dismissed because the prosecution lacks evidence, it may be best for you and your attorney to pursue dismissal or some other outcome instead of diversion. To learn more about diversion and other ways to address Kansas DUI charges, please call (316) 264-1548.