Being charged with a DUI in Kansas is a serious matter that can have lasting consequences on your personal and professional life. With harsh penalties like fines, license suspensions, and potential jail time, it’s essential to understand the key aspects of a DUI defense to protect your rights. This article explores the strategies and considerations that play a crucial role in building a strong defense.
Kansas DUI Laws: What You Need to Know
Kansas DUI laws are strict, reflecting the state’s efforts to reduce impaired driving and improve public safety. Under Kansas law, a person is considered legally intoxicated if they have a blood alcohol concentration (BAC) of 0.08% or higher while operating a vehicle. The threshold is lower for commercial drivers (0.04%) and even more stringent for drivers under 21 years of age, where any measurable alcohol in the system can result in a DUI charge.
However, it’s important to note that even if your BAC is below these thresholds, you can still be charged with a DUI if the arresting officer believes you are impaired by drugs or alcohol to the point that you cannot safely operate a vehicle.
Administrative vs. Criminal Proceedings: What’s the Difference?
In Kansas, a DUI arrest triggers two separate processes: the administrative and the criminal proceedings. Both have different consequences and procedures, and it’s important to address each to minimize the penalties.
- Administrative Proceedings: When you’re arrested for DUI, your driver’s license may be immediately suspended by the Kansas Department of Revenue. The administrative process focuses solely on your driving privileges and whether your license will be revoked. You have a limited window—14 days from the date of arrest—to request a hearing to challenge the suspension. Failure to request a hearing will result in an automatic suspension of your driving privileges.
- Criminal Proceedings: This involves the court system and can result in fines, jail time, probation, and other penalties if you are convicted. Unlike the administrative process, the criminal proceedings determine your guilt or innocence based on the evidence presented by both sides.
Understanding the distinction between these two processes and acting quickly to address both is critical in minimizing the impact of a DUI charge.
The Consequences of a Kansas DUI Conviction
Kansas DUI convictions can lead to a range of penalties, depending on whether it’s your first, second, or subsequent offense. The penalties become more severe with each subsequent conviction. Here’s an overview:
- First DUI Offense:
- Up to six months in jail.
- Fines ranging from $750 to $1,000.
- Driver’s license suspension for 30 days, followed by 330 days of restricted driving.
- Possible ignition interlock device requirement.
- Second DUI Offense:
- Up to one year in jail.
- Fines ranging from $1,250 to $1,750.
- Driver’s license suspension for one year, followed by one year of restricted driving with an ignition interlock device.
- Third DUI Offense:
- Classified as a felony.
- Up to one year in jail, with a minimum of 90 days.
- Fines ranging from $1,750 to $2,500.
- Mandatory ignition interlock device for two years.
In addition to these penalties, a DUI conviction can lead to increased insurance premiums, difficulties finding employment, and significant damage to your reputation.
Field Sobriety Tests: Are They Reliable?
One of the most common methods law enforcement officers use to establish impairment during a Kansas DUI stop is through field sobriety tests (FSTs). However, these tests are far from foolproof and can often be challenged in court. The three standard tests typically used include:
- Horizontal Gaze Nystagmus (HGN): This test checks for involuntary eye movements as the suspect follows an object from side to side. While nystagmus is associated with alcohol consumption, it can also be caused by fatigue, medication, or certain medical conditions.
- Walk-and-Turn Test: In this test, the suspect is asked to walk heel-to-toe in a straight line, turn, and walk back. Issues such as uneven surfaces, improper footwear, or poor lighting conditions can affect the outcome of this test, making it unreliable.
- One-Leg Stand Test: The officer will ask the suspect to stand on one leg for a certain period. Many factors unrelated to intoxication, such as balance disorders, physical fitness, or even anxiety, can result in poor performance.
Given the subjective nature of these tests, they are often challenged by experienced DUI defense attorneys. Demonstrating that factors other than alcohol influenced the results can weaken the prosecution’s case.
Breathalyzer and Blood Test Challenges
Breath and blood tests are key pieces of evidence in Kansas DUI cases, but they are not immune to errors. Several factors can undermine the accuracy of these tests:
- Breathalyzer Accuracy: Breathalyzers must be properly calibrated and maintained to produce accurate results. If the device used during your stop was not functioning correctly, the test results may be flawed.
- Medical Conditions: Conditions such as GERD (gastroesophageal reflux disease) or even diabetes can impact the results of a breath test, potentially leading to false positives.
- Improper Sample Collection: For blood tests, the sample must be collected, stored, and analyzed according to strict protocols. Any deviations in the chain of custody or handling procedures could compromise the accuracy of the test results.
A thorough review of the testing process and device maintenance records by a defense attorney can uncover weaknesses in the prosecution’s case.
Implied Consent Law in Kansas: What It Means for You
Kansas operates under an implied consent law, which means that by driving on Kansas roads, you implicitly agree to submit to chemical testing (breath, blood, or urine) if lawfully arrested for DUI. Refusing to submit to a chemical test can result in severe penalties, including:
- First refusal: One-year license suspension and mandatory use of an ignition interlock device for two years.
- Second refusal: Two-year license suspension and three years of ignition interlock device use.
- Third refusal: Three-year license suspension and four years of ignition interlock device use.
Although refusing a test can result in license suspension, it may still be beneficial in some cases because it limits the evidence available to the prosecution. A skilled attorney can evaluate whether refusing the test will result in less overall damage than providing potentially incriminating evidence.
Kansas DUI Defenses: Strategies to Fight the Charges
There are several common defenses to Kansas DUI charges that can be used to challenge the prosecution’s case. The specific defense strategy depends on the facts of your case, but common approaches include:
- Lack of Probable Cause: In order to stop your vehicle and arrest you for DUI, the police must have had probable cause to believe you were violating the law. If it can be shown that the officer had no valid reason for the stop, any evidence collected during the stop (including breathalyzer results and field sobriety test performance) can be thrown out.
- Inaccurate Testing Results: As mentioned earlier, both breath and blood tests can be challenged for a variety of reasons, including improper calibration, incorrect sample collection, or medical conditions that affect the results.
- Improper Police Procedures: Police officers are required to follow strict procedures during a DUI stop and arrest. If the officer failed to administer your Miranda rights before interrogating you, or if the officer failed to conduct field sobriety tests in accordance with standardized procedures, it could lead to the suppression of critical evidence.
- Rising BAC Defense: Alcohol takes time to absorb into the bloodstream. If there was a delay between when you were pulled over and when you were tested, it is possible that your BAC was below the legal limit while you were driving, but it rose to above the limit by the time you were tested. This is known as the “rising BAC” defense and can be used to cast doubt on the accuracy of the test results.
How Ignition Interlock Devices Work in Kansas
If you are convicted of a DUI in Kansas, one of the mandatory penalties includes the installation of an ignition interlock device (IID). This device requires you to blow into it before starting your vehicle, and it prevents the engine from starting if alcohol is detected on your breath.
Ignition interlock devices are required for a certain period depending on whether it is your first, second, or subsequent DUI conviction. Additionally, you will be responsible for paying the costs associated with the installation and maintenance of the IID, which can add a significant financial burden.
DUI Diversion Program: Is It an Option?
Kansas offers a DUI Diversion Program for first-time offenders. If accepted into this program, you will avoid a conviction on your record in exchange for completing a set of requirements, including:
- Paying fines and court costs
- Attending DUI education classes
- Completing community service hours
- Submitting to random drug and alcohol testing
Once you successfully complete the diversion program, the charges against you will be dismissed. However, if you fail to comply with the terms of the program, the court will proceed with prosecuting your case, and a conviction is likely.
Not everyone is eligible for DUI diversion, and it may not be the best option in every case. An attorney can assess whether diversion is appropriate based on the circumstances of your arrest and your prior record.
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 navigate the complexities of DUI defense and protect your future. Contact us at (316) 264-1548 for legal assistance and ensure that you have a dedicated advocate on your side.