What to Do After Getting a DUI in Kansas

A person drinking while driving.If you’ve recently been charged with a DUI in Kansas, you might be feeling overwhelmed and unsure of what steps to take next. Driving under the influence is a serious offense that can carry hefty penalties, including fines, license suspension, and even jail time. It’s crucial to understand the immediate actions you need to take to protect your rights and build a strong defense.

At Henderson Legal Defense, we are experienced in guiding individuals through the complexities of DUI charges. Our DUI defense lawyer offers free consultations to help you navigate your legal options and develop a robust defense strategy. 

Don’t wait—contact us today at 913-359-3789 to schedule your free consultation and take the first step toward safeguarding your future.

Immediate Actions Post-Arrest

The moments following a DUI arrest are critical. Here are the immediate steps to take:

  1. Document Every Detail: Note the time, location, weather conditions, and any conversations with the arresting officer. Such details can be invaluable for your defense, providing a clear account of the incident.
  2. Gather Paperwork: Collect all documents related to the incident, such as tickets and receipts. These documents can help build a robust defense.
  3. Reflect on Activities: Think about where you were, what you drank, and other relevant details leading up to the arrest. This helps recall important information your lawyer will need.
  4. Communicate Disabilities: Inform the police officer of any physical disabilities during field sobriety tests to avoid misinterpretation.
  5. Remain Polite and Professional: Your demeanor during the arrest can significantly influence the outcome of your case, so it’s key to stay composed and respectful.

Taking these immediate steps can make a substantial difference in your defense strategy. Remember, the actions you take right after your arrest can either strengthen or weaken your case. Stay informed, stay calm, and consult with a DUI lawyer as soon as possible.

Reaching out to a DUI lawyer promptly allows you to start preparing your case and exploring your options. Without legal representation, you may face more severe penalties and miss opportunities to have the charges reduced or dropped. 

DUI attorneys possess up-to-date knowledge of laws and procedures, which can enhance your chances. They provide peace of mind by advocating for your best interests during this stressful time. Henderson Legal Defense is here to help you through every step of the process.

Can I refuse a field sobriety test during a DUI stop?

Yes, you can refuse a field sobriety test during a DUI stop in Kansas. However, it’s important to know what might happen if you do. Field sobriety tests are optional, and you won’t face direct penalties for saying no. These tests help officers check if you’re impaired, but they can be affected by things like medical conditions, tiredness, or even your shoes.

If you refuse the test, the officer can’t use it against you. But, they might rely more on other signs of impairment or ask for a chemical test, like a breathalyzer. In Kansas, refusing a chemical test can lead to an automatic license suspension because of the state’s implied consent laws.

It’s helpful to talk to a DUI lawyer to understand your rights and the best steps to take if you’re in this situation. At Henderson Legal Defense, we can help you navigate the legal complexities of a DUI stop and make sure your rights are protected.

Understanding Your Charges

DUI convictions come with serious consequences, including fines, losing your license, jail time, and having to install an ignition interlock device. Understanding the DUI charges is necessary for preparing an effective defense. In Kansas, DUI offenses range from first to third offenses, with escalating penalties:

  • First DUI Offense:
    • At least 48 hours in jail.
    • Fines ranging from $750 to $1,000.
    • 30-day license suspension followed by a restricted driving period.
  • Second DUI Conviction:
    • At least 90 days of imprisonment.
    • Fines ranging from $1,250 to $2,500 .
  • Third DUI Conviction:
    • Can result in felony charges.
    • Fines up to $2,500.

Pleading guilty to your first DUI charge will stay on your record and may lead to harsher penalties for future convictions. Repeat offenders face harsher penalties, including possible felony charges for a third or more offenses.

After a DUI conviction, your regular driving privileges are usually suspended for at least 30 days. If it’s your second DUI, you must have an ignition interlock device installed for at least 1 year, and you may need to do periodic testing while driving.

Administrative License Hearing

After being charged with a DUI in Kansas, you have ten business days to request an administrative hearing to contest your driver’s license suspension. This hearing is separate from the criminal court process and focuses solely on whether your driving privileges should be suspended.

Contacting a DUI attorney quickly is crucial to ensure you don’t miss the deadline for this hearing. Administrative hearings in Kansas are typically brief, lasting about 15 minutes, which can make it challenging to present a thorough defense. It’s essential to have proper legal representation to ensure your rights are protected.

Kansas law allows you to apply for a limited ‘hardship’ license during the suspension period. This license lets you drive to essential places like work or school after you install an ignition interlock device in your vehicle. To get this limited driving privilege, you’ll need to show proof of the device’s installation to the Division of Vehicles.

What Happens if I Miss My Administrative Hearing?

Missing your administrative hearing can have serious consequences. If you fail to request or attend this hearing within the specified ten business days, your driver’s license will be automatically suspended. This suspension can last for a significant period, impacting your ability to drive to work, school, or other essential activities.

Without the hearing, you lose the opportunity to contest the suspension and present any evidence or arguments that might help retain your driving privileges. Additionally, a missed hearing can complicate your defense in criminal proceedings, as it may be used to infer non-compliance or lack of responsibility.

It’s crucial to act quickly and consult with a DUI attorney to ensure you don’t miss this critical deadline. At Henderson Legal Defense, our DUI lawyer can help you with the administrative process, file the necessary paperwork, and represent you at the hearing to protect your rights and driving privileges.

Preparing for Court

Court preparation is a critical phase in handling a DUI case. The initial court hearing, called an arraignment, is where you will enter a plea of guilty or not guilty. It’s important to detail every aspect of your arrest, including conversations and actions.

During the trial, your attorney will cross-examine the arresting officer and present evidence to challenge the prosecution’s claims. Review the officer’s reports and videos before negotiating a plea offer. Your demeanor during the arrest can significantly influence your case, so remain respectful and composed. After the arraignment, you will decide whether to accept a plea offer or go to trial. The judge or jury will ultimately decide the outcome of your DUI trial.

Evaluating Evidence and Test Results

Evaluating evidence and test results is crucial for building a DUI defense. Field sobriety tests assess a driver’s impairment based on balance, coordination, and dexterity, but they can be influenced by external factors. The National Highway Traffic Safety Administration (NHTSA) has certified three primary field sobriety tests used nationwide: Horizontal Gaze Nystagmus, Walk and Turn, and One Leg Stand.

These tests can be unreliable if the officer administering them lacks proper training or acts with potential bias. Factors like weight, age, and medical conditions can also affect the accuracy of these tests.

Breath tests can produce invalid results if the 20-minute observation period is not properly followed, leading to inadmissible evidence. Substances like asthma inhalers and cough drops can interfere with breath test results, causing inaccurately high readings. Blood tests are generally more reliable, but they can still face issues.

What Should I Do if the Arresting Officer Did Not Follow Proper Testing Protocols?

If you believe that the arresting officer did not follow proper testing protocols during your DUI stop, it’s important to act quickly. Improperly conducted tests can impact the validity of the evidence against you. Here are the steps you should take:

  1. Write Down Your Observations: Note everything you remember about the field sobriety tests, breathalyzer, or blood tests. Pay attention to any deviations from standard procedures or any unprofessional behavior from the officer.
  2. Consult with a DUI Attorney: Contact a qualified DUI lawyer who can review your case details and identify any procedural errors. An experienced attorney will know the specific protocols that officers must follow and can challenge any deviations in court.
  3. Gather Witness Statements: If there were any witnesses present during your arrest, ask them to provide statements about what they observed. Their accounts can support your claims of improper testing.
  4. Request Video Evidence: Many police vehicles and officers are equipped with dash cams and body cams. Request access to this footage through your attorney to take note of any procedural mistakes.
  5. Challenge the Evidence: Your attorney can file motions to suppress any evidence obtained through improper testing protocols. If successful, this can weaken the prosecution’s case against you.

At Henderson Legal Defense, we thoroughly review all aspects of your DUI arrest to ensure that your rights are protected. Our approach includes examining the officer’s training records, the calibration and maintenance logs of testing equipment, and any available video evidence. If we find that proper protocols were not followed, we will aggressively challenge the evidence to strengthen your defense.

Kansas DUI Diversion Program

The Kansas DUI Diversion Program allows first-time DUI offenders to avoid jail time through rehabilitation and educational courses. To participate, you must follow specific court orders and pay fines or fees related to your DUI charge in Kansas:

  1. Complete a Drug and Alcohol Evaluation: This helps determine the level of treatment you might need.
  2. Attend Educational Classes: These classes are designed to help you understand the dangers of DUI and prevent future offenses.
  3. Undergo Treatment if Required: Depending on your evaluation, you might need to attend inpatient or outpatient treatment for alcohol problems.

The program lasts for one year and upon completion, the prosecutor will dismiss your case. The program fee ranges from $800 to $1,500.

Long-Term Implications of a DUI Conviction

A DUI conviction can have long-lasting effects on your life. Here are some points to keep in mind:

  1. Driving Record: A DUI charge will show up on your driving record, even if you complete a diversion program. However, it won’t appear on your criminal record unless you’re convicted.
  2. Expungement: In Kansas, you can’t automatically expunge a DUI conviction. You need to file a petition with the court, and a judge will decide. You can only do this after being off probation or diversion for at least ten years.
  3. Insurance Rates: After a DUI conviction, you can still get auto insurance, but your rates will go up significantly.
  4. Employment and Housing: A DUI conviction can make it harder to find a job or housing. It can also affect your immigration status because it stays on your criminal record for life. Even if charges are dropped or resolved through diversion, the initial arrest may still appear on public records.

Henderson Legal Defense can help you reduce the long-term effects of a DUI conviction. Our skilled attorneys will work hard to explore all options, such as clearing your record and negotiating with insurance companies, to lessen the impact of a DUI on your life. We are dedicated to protecting your future and providing the best possible defense.

Contact Us for Experienced Help After a DUI

At Henderson Legal Defense, we understand the overwhelming stress and uncertainty that a DUI charge can bring. Our team of experienced DUI attorneys is dedicated to providing personalized legal support tailored to your unique situation. What sets us apart from our competitors is our commitment to thorough investigation and aggressive defense strategies, ensuring that every detail of your case is meticulously examined.

We pride ourselves on our client-centered approach, offering compassionate guidance and clear communication throughout the legal process. Our proven track record of success in DUI cases speaks to our skill and dedication. We leverage our deep knowledge of Kansas DUI laws and our relationships within the legal community to advocate fiercely on your behalf.

Don’t leave your future to chance. Let us help you navigate this challenging time and work towards the best possible outcome for your case.

Contact Henderson Legal Defense today at 913-359-3789 to schedule your free consultation.

We help clients throughout Johnson County, Olathe, Overland Park, and Shawnee.