Archive for March, 2015

Kansas DUI Defense Attorney Discusses Charges Which May Accompany a DUI

Monday, March 30th, 2015

When a driver is charged with driving under the influence of alcohol, it is possible that they may also be charged with other offenses. Whether any charges are made in addition to DUI and what those charges will be is determined by the driver’s past behavior, as well as by their behavior at the time that the DUI arrest is made.

One driver who was recently arrested in Reno County has been charged with DUI and at least four other offenses. The initial DUI investigation resulted from the driver’s involvement in an accident, which occurred when he pulled out in front of another vehicle. Two charges resulted from the accident, a charge for failing to yield at a right of way and a charge for failing to wear a seatbelt. The driver had a history of DUI arrests, and as the result of previous DUI convictions, he was supposed to have an ignition interlock device on his vehicle. Since no ignition interlock device was present, he has been charged with failing to have a DUI interlock in place. The driver was also charged with illegal transportation of alcohol.

A DUI charge can be trouble enough on its own. Drivers who have been convicted of driving under the influence of alcohol may have difficulty finding work, obtaining housing, paying for car insurance, and doing a number of other things. When other charges are brought in addition to a DUI, even more is at stake, especially if the DUI is a repeat offense. Sentences for subsequent DUIs increase with each offense, as do the fines, license suspension periods, and treatment requirements. Each additional charge that is brought against you has its own set of penalties, which may include fines, jail time, and other consequences. If you have past offenses of any kind, you may be facing even greater sentences and fines, depending upon what kinds of charges are being brought in connection with your current DUI.

Fortunately, you do not have to face your DUI, or the other criminal charges associated with it, alone. The list of charges and potential consequences that you are facing are not guaranteed until you are convicted and sentenced. Contact a Kansas DUI Defense Attorney right away, so that your rights can be protected.

An experienced Kansas DUI Defense Attorney can look at the various charges that are being brought against you and make a plan for your defense that accounts for the things that are most important to you. Your attorney can examine the circumstances of your arrest, and the elements of the charges that have been brought against you. If there appears to be a possibility that dismissal could be successfully pursued for one or more of the charges, your Kansas DUI Defense Attorney can aggressively pursue it. Also, if it is possible that you might be eligible for work release or other alternatives to standard penalties, your attorney can help you to understand your options so that you can decide upon a course of action that is right for you. To learn more, call (316) 264-1548 to speak with a Kansas DUI Defense Attorney today.


Kansas DUI Defense Attorney Discusses Risks Unique to Criminal Aliens

Saturday, March 21st, 2015

People who are not United States citizens may be faced with severe consequences if they are arrested for any offense while they are present in the United States. The exact consequences vary based upon the legal status of the individual, the nature of the offense, and whether they are ultimately convicted. Depending upon an individual’s circumstances, it is possible that a DUI conviction could lead to denial of citizenship or even to deportation.

When removal proceedings of a non-citizen for conviction of a crime are initiated by a federal government agency, the process is often called criminal deportation. Sometimes, federal agencies like ICE (United States Immigration and Customs Enforcement) and ERO (Enforcement and Removal Operations) conduct nationwide efforts aimed at locating convicted criminal aliens who are subject to removal. One such operation was conducted earlier this month, resulting in the arrest of over two thousand people.

Many of the offenders who were arrested had DUI convictions. DUI convictions have harsh consequences for all drivers, but people who are not citizens should take note that ICE considers drivers who drive while intoxicated to be significant threats to public safety, especially if they are repeat offenders. In fact, aliens who have been convicted of one or more DUIs are a second level priority for removal, with the first level of priority being reserved for individuals who are threats to national security, criminal street gang members, aggravated felons, and convicted felons.

Some of the foreign nationals who were detained during the operation are not being criminally prosecuted, but they are being processed administratively for removal from the United States. Others are subject to immediate removal. A third group of foreign nationals are in ICE custody because they are awaiting hearings before an immigration judge, or because their travel arrangements for removal will be made in the near future.

If you are not a United States citizen, a DUI charge can have far reaching consequences for you that extend beyond the penalties that are imposed by the Kansas criminal justice system. It is important that you seek assistance for both your state DUI charges, as well as for the possible consequences that could affect your ability to gain citizenship and even your ability to continue to be present in the United States. Both DUI defense attorneys and immigration attorneys may be able to help you, but it is important that you act quickly.

A seasoned 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. Your attorney can also build a strong defense on your behalf, in an effort to reduce or eliminate the negative consequences that are associated with a DUI conviction. To learn more about how we can give you the best defense against Kansas DUI charges, call (316) 264-1548.


Kansas DUI Defense Attorney Wants Drivers to Know that Kansas DUI Penalties May Change Soon

Monday, March 2nd, 2015

Drivers often believe that once they have their driver’s license, they know everything that they need to know about the rules of the road. While it is true that the basic rules for driving have remained largely unchanged over time, new rules are sometimes added and existing rules are sometimes changed. For example, before people could use cell phones to text, there was no need for laws penalizing texting and driving. After the technology came into widespread use and caused major safety issues, laws were made to penalize people who risked their lives and the lives of others while sending text messages from behind the wheel.

DUI laws have been around for a long time, but they do occasionally change. Some of the changes are subtle, but others are more dramatic. Last month, the Kansas House of Representatives approved legislation that would allow people who have been convicted of a DUI in Kansas a chance to clear that conviction from court records five years after completion of their sentence. If it is signed into law, the legislation will reduce the waiting period for expungement by half for offenders whose DUI cases were handled by municipal courts, and it would shave two years off of the current seven year waiting period for offenders who are convicted by state courts.

Expungements are intended to give people who have been convicted of a DUI a second chance, as far as things like applying for jobs, housing, and other opportunities where a conviction can reduce or eliminate their chances of being selected. It is important that drivers understand that an expungement is not a free ride. The information about your conviction is available to law enforcement even after it is removed from the public record, and offenders who are convicted a second time are not eligible for expungement.

A second piece of legislation, House Bill 2115, has also passed the Kansas House and is on its way to the Senate. If this bill is signed into law, it could increase penalties for drivers who cause bodily harm to others in accidents when they are under the influence of alcohol. The bill proposes to classify driving under the influence which results in the permanent disability of another person as aggravated battery. The bill would also classify DUI with permanent disability resulting as a severity level four felony. First-time offenders with no criminal record who are convicted of level-four felonies can be sentenced to up to forty months in prison. Repeat offenders and offenders with other criminal convictions on their records could face additional time.

If you have been accused of driving under the influence of alcohol, there is a lot at stake. A DUI can not only affect your license and your liberty, it can affect your ability to earn a living, secure housing, and do other things. A Kansas DUI Defense Attorney may be able to help you to reduce or eliminate the negative consequences associated with being charged with a DUI. To learn more about what a Kansas DUI Defense Attorney can do for you, please call our Wichita office today at (316) 264-1548.