Kansas DUI Defense Attorney Discusses DUIs with Child Passengers

A DUI conviction can result in some harsh penalties. Did you know that there are also things which can make the penalties even more severe? Drivers who are convicted of driving under the influence of alcohol while there are child passengers in their vehicle receive additional penalties.

One recent DUI arrest in Kansas may result in multiple charges for driving under the influence of alcohol with child passengers in the vehicle, in addition to other charges, including driving with a license that had been revoked. When the driver was arrested, he was passed out behind the wheel of an SUV containing nine child passengers.

In Kansas, passengers under the age of fourteen are considered children. If a driver is convicted of driving under the influence of alcohol while a child passenger was riding in their vehicle, one month of imprisonment will be added to their sentence. The additional time must be served consecutively to their DUI penalty, and, if a judge orders it to be, it may be served as house arrest, work release, or some other form of conditional release.

Driving with child passengers is not the only way that a DUI defendant can incur an additional penalty. Some of the additional penalties can have far-reaching effects on a driver’s life, so it is essential that Kansas drivers understand when additional penalties for driving under the influence of alcohol may be imposed. For example, underage drivers who fail a blood alcohol test will lose their driver’s license for a year, in addition to the usual penalties for driving under the influence. Also, if a person is convicted of a third DUI within a five year period, they are considered to be a “habitual violator”. Habitual violators lose driving privileges for three years.

Commercial drivers risk incurring enhanced penalties if they drink and drive, even if they are not driving a commercial vehicle at the time of the arrest. They can lose their ability to drive a commercial vehicle for a year following their first DUI conviction, regardless of what type of vehicle they were driving when they were arrested. If a commercial driver is convicted of their first offense of driving under the influence of alcohol while they are transporting hazardous materials, they may not drive a commercial vehicle for three years. A commercial driver who is convicted of a second DUI in any vehicle loses their commercial driving privileges for at least ten years, and perhaps even for life.

If you are charged with a DUI and you face an enhanced penalty because there were child passengers in your vehicle or for some other reason, it is important that you contact a Kansas DUI defense Attorney right away. A Kansas DUI Defense Attorney can help you to understand your rights and options at every stage of your Kansas DUI case. When you understand your rights, you will be able to make informed decisions about how you would like your Kansas DUI case to proceed. To learn more about how we can help you defend against Kansas DUI charges, call (316) 264-1548.