Being arrested for DUI in Kansas is a serious legal matter, and what you do in the moments and days following your arrest can have a major impact on your future. A conviction can lead to jail time, loss of your license, steep fines, ignition interlock requirements, and a permanent criminal record. However, you do have rights—and it’s critical that you understand them and take action to preserve them as early as possible.
Stay Silent and Ask for an Attorney
The most important right you have is the right to remain silent. Do not try to explain your side of the story to the police, argue with the officer, or guess your way through their questions. Anything you say during or after the arrest can be used against you in court. Politely decline to answer any questions and clearly state that you want to speak with an attorney. This triggers your constitutional protection against self-incrimination.
Understand Implied Consent and Refusal Consequences
Kansas has an implied consent law. If you’re lawfully arrested for DUI, you are presumed to have consented to a chemical test (breath, blood, or urine). Refusing to take the test may lead to additional administrative penalties, including a one-year suspension of your driver’s license and a mandatory ignition interlock device for two years or more, depending on your history.
However, a refusal is not a conviction. You still have the right to challenge that refusal and the circumstances of the stop. This is one of many reasons why it’s critical to speak with a lawyer right away.
Request an Administrative Hearing Within 14 Days
After a DUI arrest in Kansas, you have only 14 days to request an administrative hearing to challenge the suspension of your license. If you miss this deadline, your driver’s license will automatically be suspended. This administrative hearing is separate from the criminal case and must be handled with urgency.
An experienced DUI defense attorney can represent you at this hearing and potentially prevent or delay the suspension while building a defense for your criminal case.
Avoid Discussing Your Case With Others
After your arrest, you may feel the urge to talk to friends or family about what happened. Be cautious—anything you share with others can be subpoenaed or brought into court. The only person you should be discussing the details of your case with is your attorney. Keep in mind that even text messages, social media posts, or private messages may become evidence.
Document What You Remember
As soon as possible, write down everything you remember about the arrest—what happened before, during, and after the stop. Include details like:
- Where you were coming from and going
- Whether the officer stated a reason for pulling you over
- What field sobriety tests were administered
- Whether you were read your Miranda rights
- How the chemical testing was conducted
Your memory will fade over time, so creating a written record early can help your attorney build a strong defense strategy.
Avoid Additional Charges or Violations
After your arrest, it’s essential to remain on your best behavior. Any new arrests or violations of bond conditions can negatively impact your case and may even result in revocation of bail. Avoid alcohol, make all your court appearances, and follow any conditions set by the judge.
Call Bill Cummings LLC For a Free Consultation
A DUI conviction in Kansas can have significant and lasting consequences, but with the right strategies and legal representation, you can mitigate these impacts. Bill Cummings LLC is committed to helping you through the complexities of DUI defense and protecting your rights every step of the way. Contact our office at (316) 264-1548 for legal assistance and ensure that you have a dedicated advocate on your side. We offer free consultations and will help you understand all of your options.