Do You Lose Your License Immediately After a DUI in Kansas?

Our professional team of criminal defenders at Henderson Legal Defense has extensive experience in representing clients facing DUI charges under varying circumstances. Whether you’re a repeat or first-time offender, and whether you were wrongly arrested or facing aggravated charges, we are here to counsel you. Contact Henderson Legal Defense by calling 913-359-3789 today to schedule a free consultation with a dedicated DUI defense attorney.

What Are the Legal Consequences of Being Arrested for a DUI in Kansas?

It is illegal in the state of Kansas to drive while under the influence of alcohol or drugs. If you are arrested for driving under the influence, that doesn’t inherently mean you will be convicted of a DUI. These cases may appear straightforward, but there can be weak spots in the prosecution’s case against you. The court must find you guilty beyond a reasonable doubt.

You can still face consequences from being arrested while your DUI case is being processed. Upon being arrested for driving under the influence, the arresting officer takes your regular plastic driver’s license and gives you a slip of paper that serves as a temporary license. While you don’t technically lose your license immediately after a DUI arrest, you do receive a temporary license in place of your usual one right away.

This temporary license lasts for 14 days, and if you fail to properly file an Administrative Hearing request within this time period, your license will be automatically suspended. This is true even for a first-time offense.

When you are arrested for a DUI in Kansas, a separate case is brought against you in addition to your criminal case, which determines your ability to legally drive. This is a civil case brought by the state’s Department of Revenue and has no bearing on your criminal case.

Can I Recover My License After I’ve Lost It?

It’s important to understand that the full timeline of the criminal proceedings may take longer than you expect. Many people don’t know that it’s possible to recover their license while their DUI case is still ongoing. This can be crucial for those who need to drive to work, school, or take care of their kids.

However, if you are found guilty of DUI, you may have your license suspended for up to a year. It is also possible to appeal this decision. Although the two cases have no bearing on one another, it’s generally a good idea to have the same legal representation guiding you through both your administrative and criminal proceedings.

What Penalties Can I Expect From a DUI Charge?

DUI charges can vary greatly in Kansas, and the severity of the charge depends on the details of the incident. Understanding the types of DUI charges that you may face can help you make more informed legal decisions regarding your defense.

The different levels of a DUI in Kansas include:

• First-time offense: Most convicted offenders of a first-time DUI face incarceration, a fine, mandatory enrollment and completion of a drug and alcohol education program, vehicle impoundment, and license suspension.
• Second-time offense: Penalties include a longer jail or prison sentence, a larger fine, alcohol and substance education classes, license suspension, car impoundment for a minimum of one year, and the mandatory installation of an ignition interlock device once driving suspension has been lifted.
• Felony DUI: Third-, fourth-, and fifth-time DUI offenses are felony charges punishable by imprisonment, a fine, an alcohol and drug education program, and vehicle impoundment. Fifth-time DUI convictions may result in permanent license revocation. Aggravating factors can also elevate a DUI charge to a felony offense, such as having a minor present, a high blood alcohol content, or causing serious injury or death to another person.
• Underage DUI: The state has a strict zero-tolerance policy for drivers under age 21 who are found driving while under the influence. That means that even a blood alcohol content as low as 0.02 percent can result in a DUI arrest. Penalties for an underage DUI tend to be less harsh than the punishment adults face, but the impact a conviction can have on your future is still significant. Sentencing is likely to include diversion programs, educational classes, community service, and counseling.
• DUI involving drugs: In addition to being charged with driving under the influence of a drug, you may face other criminal offenses involving the possession of illicit substances. It’s recommended that you consult with a DUI defense attorney who has experience with drug crime cases.

How Do You Fight a DUI Charge in Kansas?

The exact defense strategy that may be ideal for your situation depends on the specific circumstances of the case. By reviewing the details of your DUI arrest and charges, your defense lawyer can build an optimal and effective approach to your defense.

In some cases, it may be possible for your case to be thrown out or for the prosecution to grant leniency. For example, if you were subjected to an illegal or unethical traffic stop, the case is likely to be dismissed. Your criminal defense attorney may also argue that the breathalyzer test was faulty or that field sobriety tests were inaccurate or improperly administered.

Each DUI defense is unique, and with their depth of legal knowledge and court experience, your attorney can develop a strategy that aims to get you the most favorable outcome given the circumstances.

Even if options are limited or the case results in a conviction, a quality defense lawyer continues to advocate on your behalf. This includes negotiating for reduced sentencing options such as treatment programs, diversion programs, community service, probation, and minimal jail sentences.

Skilled Criminal Defenders for Your DUI Case

Entrust the legal professionals at Henderson Legal Defense to oversee your criminal defense. Reach out to us or call 913-359-3789 today to get in touch with a qualified and skilled DUI attorney. We offer free initial consultations and can answer any questions you may have.