Kansas DUI Defense

DUI Laws in Kansas

In Kansas, drunk driving charges are called DUI's. Under Kansas DUI Law, there are several ways to get in trouble for driving with alcohol or drugs in your system. As a general premise, Kansas prohibits driving a vehicle while under the influence of any substance that renders you incapable of driving safely. That applies to both alcohol and drugs.

In addition, the state sets the legal limit for adult drivers at 0.08 percent alcohol content. At that level or above, you are presumed by the law to be impaired, and the state will not have to prove that you were if they can prove your alcohol level. For drivers in commercial vehicles, the legal limit is 0.04, and for minors under 21 years of age it is 0.02 percent.

Kansas DUI Punishments

The penalties for DUI in Kansas are severe. Kansas DUI Penalties are laid out by statute and have different degrees of severity. The more prior DUI convictions a person has in the past the more punishments they are typically exposed to. Contact our office to see what penalties you could be subject to. 

Diversion program: Kansas has a diversion program that may be available in certain cases. If accepted and completed, it can result in the DUI charge against you being dismissed. If you have a prior DUI, a high alcohol level, or were involved in an accident, you probably will not qualify for diversion. Check with the Kansas DUI Attorney, Robert C. Gigstad to see if you qualify for Diversion. 


Kansas DUI License Suspensions and Interlock Devices

After any drunk driving arrest you are exposed to potential administrative license suspensions in Kansas through the State Department of Motor Vehicles.  This administrative hearing is completely separate and unrelated to your criminal case.  So don't get them confused, and remember they are not related meaning you can win one and not the other and vice versa. 

WARNING: You only have 14 days to request a hearing with the Kansas Department of Revenue to save your license from going into suspension. If you don't get the request in on time, and in the proper form, your license will be automatically suspended.

In addition to any suspension that you may get by virtue of your arrest or conviction, you are also exposed to the potential of having an ignition interlock breath test machine installed in your vehicle after your license is reinstated. For certain professionals and people who drive for a living, this can be embarrassing or career-ending. Make sure that any Kansas DUI lawyer you hire is well-versed the nuances of ignition interlock law and knows your personal and professional concerns about having a device.


Your Kansas DUI case may not be as bad as it seems

There is a common myth that if you are arrested for DUI you might as well give up because they are impossible to beat. Nothing is further from the truth, but in order to ensure that your opportunity for success is not missed, it is important for you to be aware of potential issues and to make sure that you have an attorney who pursues all leads for your DUI case.

The tests police give you are not foolproof! Breath testing is prone to mechanical, computer and human errors, and is unable to adjust for physical differences between people. The inability of the machine to adapt means that breath tests will get it very wrong for some people. A result over the legal limit may not reflect an actual alcohol level above the legal limit. Blood testing is prone to contamination, storage and analysis issues. Without a good DUI lawyer investigating your case and keeping the state honest, you might never know that there was a problem with the evidence in your case that could have resulted in a dismissal.

The court process in Kansas is intimidating.  It makes about as much sense to represent yourself in court as it would to be your own surgeon or dentist.

Robert Gigstad always offers a free initial consultation, so you literally have nothing to lose by talking with a KS DUI lawyer to determine what to expect and develop any defenses that may exist in your case. If you don't, you may sell yourself short and later regret it. Don't bury your head in the sand and pretend that your case will resolve itself, or that it's not as serious or as big of a deal as it seems. It is serious and you need help. The sooner you start the better off you will be.  Call today or use our contact form onsite. 

 Kansas DUI Attorney. The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. DUI - DWI - Drunk Driving - Driving Under the Influence - Driving While Intoxicated - © 2013  Gigstad Law Office LLC. All rights reserved. 8000 Foster St. Overland Park, KS - Serving drivers throughout the Kansas City metro area, including Leawood, Prairie Village, Lenexa, Olathe, Shawnee, Lawrence, Merriam, Mission Hills, and of the communities in Johnson County, Leavenworth County, Wyandotte County, Douglas County, Franklin County, and Miami County.

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