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.

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.

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.

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.

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.

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.

The Kansas Supreme Court hears cases on many different types of legal matters. Recently, the Kansas Supreme Court issued a decision which may be of interest to anyone who has recently been accused of driving under the influence of alcohol. In fact, it may be of interest to all drivers, because it addresses police procedures during traffic stops.

In its recent decision, the Kansas Supreme Court reversed a DUI conviction after determining that the arresting officer did not have reasonable suspicion that the driver was intoxicated. The driver had been convicted by the Sedgwick County District Court of driving under the influence of alcohol after failing a field sobriety test.

Field sobriety tests are just one of the tools that law enforcement officers are supposed to use in determining whether they believe that a driver is intoxicated. In their interactions with drivers, law enforcement officers have an opportunity to observe the presence or absence of things like slurred speech and the smell of alcohol, which may indicate that a driver is intoxicated. When officers ask drivers to participate in field sobriety tests, they gather additional information which can, when taken together with other observations either provide probable cause to make an arrest or lead to a conclusion that the driver should not be arrested because there is not a reasonable suspicion that they have consumed alcohol.

In Kansas, law enforcement officers presently use a group of three field sobriety tests to assess drivers during traffic stops, but that may be changing soon. Currently, officers ask drivers to perform the one leg stand, the walk and turn, and the horizontal gaze Nystagmus vision test. The vision test is not admissible as evidence at trial, nor is it recognized by the National Highway Traffic Safety Administration as a reliable indicator of sobriety, but it is still widely used by law enforcement officers for the purpose of roadside sobriety testing. However, in light of the recent Kansas Supreme Court decision, the vision test may eventually become a thing of the past. In the case that was before the court, the driver had passed both the one leg stand test and the walk and turn test, but he had failed the horizontal gaze Nystagmus vision test. According to the Kansas Supreme Court, the driver’s overall performance on the group of three field sobriety tests did not provide the officer with the probable cause that was required to justify giving the driver a Breathalyzer test.

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.

Repeat after me – there is never a situation where it is acceptable for a driver to leave the scene of a crash. Not even if you think that someone else will stop to help. Not even if you think that the people in the other vehicle are okay. Not even if you have been drinking and you are concerned that you will be charged with driving under the influence.

Kansas law clearly states that drivers must stop after being involved in an accident. Sections 8-1602 and 8-1603 of the Kansas Statutes Annotated require drivers to stop if they are involved in any accident involving death, personal injury, or damage to a vehicle or other property and remain at the scene of the accident until they have provided identifying information to the driver of the other vehicle (if they are in a condition to receive such information) and/or the police officer who is investigating the accident. Penalties for failing to stop include, depending upon the extent of the injuries or damage caused by the accident, misdemeanor or felony charges and revocation of driving privileges. Simply stated, if you drive while you are intoxicated and you fail to stop after being involved in an accident, DUI charges could be the least of your worries.

A recent case in Sedgwick County illustrates what can happen when a driver fails to remain at the scene of an accident. A man driving a commercial vehicle struck and killed a bicyclist. He left the scene of the accident, parked the commercial vehicle at his workplace, and took his own vehicle home. The man was convicted of second-degree reckless murder in addition to a misdemeanor DUI charge, and he has been sentenced to eleven years in prison. He had also been charged with failing to stop at the scene of a fatal accident, but those charges were dropped in exchange for his no-contest pleas to the reckless murder and DUI charges.

Aside from the legal reasons for not leaving the scene after you get into an accident, there are also safety concerns. Whether you feel like you were injured in the accident or not, you may have sustained injuries that you cannot yet feel. Some of these injuries could be very serious, like head trauma. If you know that you are hurt, go to the hospital where you can get treated right away. If you do not think that you are hurt, it is still a good idea to go to the hospital or your doctor’s office as soon as possible to get checked for injuries that you might not be able to feel.

If you are charged with a DUI as the result of an accident, having a Kansas DUI Defense Attorney on your side can help you to focus on recovering from any injuries that you might have sustained. Your attorney will help you navigate every stage of your Kansas DUI case, and will help you to pursue the best possible result. To learn more about how we can help you, call (316) 264-1548.

Every DUI defendant has had the experience of getting their first DUI. Unfortunately, many people do not know much about DUI defense and what a DUI defense attorney does until they have already been charged with a DUI. If you drive, it is a good idea to familiarize yourself with the basics of DUI defense. Even better, write down the names and phone numbers of a few local DUI defense attorneys and keep them in your car, just in case.

Drivers often wonder whether they need an attorney for DUI charges, or if they can take care of the matter on their own. If you are facing DUI charges, it is essential that you get help from a defense attorney. Criminal charges like a DUI can have far-reaching effects on your day to day life, even if you are not convicted.

It is also important for you to understand what a defense attorney does for their clients. Your attorney can help you to understand the charges that have been brought against you. They can also explain the defenses that may be available to you. In criminal cases, there are discussions that your attorney can have with the prosecutor that could result in an offer of a plea bargain or some other alternative to a trial. Your attorney will help you to understand all of the options that are available to you so that you can decide which direction your case should go in.

You may wonder how important it is to select a defense attorney who specializes in handling the type of criminal matters that you have been charged with. While all criminal defense attorneys focus their efforts on obtaining the best possible results for their clients, they do not all have the same level of knowledge and experience with every type of criminal case. Most criminal defense lawyers specialize in one or more practice areas, and this narrow focus enables them to have a very good working knowledge of all applicable laws and of the defenses that may be available to defendants like you.

Knowing the difference between a public defender and private counsel is also important. A public defender is an attorney who works for the state, providing legal assistance to people who cannot afford private attorneys. Private Counsel is just that, an attorney that the defendant selects and pays for out of his or her own pocket. Both types of attorneys are highly skilled, capable individuals who work hard to advance the interests of their clients. Unfortunately, public defenders have less control over the size of their work load than private counsel do. Public defenders often have hundreds of clients, and because of that, they often have very little time and resources to work on each case. Unfortunately, the amount of time that an attorney spends working on a case does have an effect on how likely the defendant is to succeed, so private counsel is the best option for anyone who is charged with a DUI.

If you have been charged with driving under the influence of alcohol, it is important to choose an attorney who will work hard to help you obtain a successful outcome in your case. To learn more about how a knowledgeable and dedicated Kansas DUI defense attorney can help you, call (316) 264-1548.