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.

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.

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.

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.

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.