Monthly Archives: December 2021

What happens when you get a DUI?

man holding beer bottle and car key

Understanding DUI Charges

In the State of Kansas, the legal blood alcohol limit is 0.08 for anyone 21 years of age and older. For anyone under the age of 21, there is zero-tolerance with a maximum blood alcohol level of .02 or above. The DUI court process is also different for a person under 21 years of age and for anyone 21 and older. 

Kansas has two types of DUI arrests with DUI court processes being handled slightly differently in both cases. Those two DUI types are: 

  1. Prosecution will need to prove the defendant was a incapable of driving in a safe manner due to alcohol/drug intoxication as determined by the arresting officer’s observation, smell of alcohol, and failure of field sobriety tests.
  2. Prosecution will need to prove the defendant was operating a vehicle with a .08 or higher blood alcohol level. It must be proven by the prosecutor with any reasonable doubt that the defendant failed a properly administered test within three hours of the arrest. 

Upon arrest, the defendant has the choice to ask for an attorney. If you don’t have one, it is recommended that you hire one or accept one that the courts are required to provide. Having somebody on your side that knows how DUI court works can get you the best outcome possible. 

What to Expect When You Get Your First DUI

In the State of Kansas, the DUI court process will give you 48 hours of mandatory jail time or community service of 100 hours. You are required to complete an alcohol and drug education program and/or substance abuse treatment program. These programs will be at your own expense. 

You can expect the DUI court process to also include a fine from $500 or up to a maximum of $1,000. You will be responsible for court costs, evaluation fees, and probation fees and your driving privileges will be suspended for thirty days. After the thirty-day suspension, your driving privileges will be restricted for another 330 days. There is also the possibility of your vehicle being impounded for up to 12 months. 

How likely is jail time for first DUI?

The DUI court process follows the law set in place in September 2021 with a first DUI conviction being fined a minimum of $1,300 and a suspended driver’s license for a minimum on one year. Jail time is possible for a minimum of ten and a maximum of 30 days. How the defendant approaches the court will likely affect how harsh the judge is with sentencing. Having an attorney on your side can often influence the judge on the sentencing as well. 

When is DUI a felony?

A third DUI offense will be charged as a felony with the following DUI court process of punishment: 

  • Ninety days to one-year imprisonment
  • Fined $1,500 to $2,500 
  • Court costs, evaluation fee, and probation
  • Complete a court-ordered alcohol/drug treatment program at your expense
  • Driving privileges are suspended for 12 months
  • Restricted driving privileges requiring an ignition interlock device for 12 months through the DMV
  • Your vehicle may be impounded for up to a year

 Can you get a DUI for drugs?

Yes – the State of Kansas In Kansas will arrest a person with a DUI if they were operating any vehicle while under the influence of any drug if it renders them incapable of driving safely. This also occurs if they are under the influence of any combination of drugs or alcohol and drugs or if the person is known to be a habitual narcotic user.

Penalties for these arrests can be handed down through the DUI court process as follows: 

  • First offense – Between 48 consecutive hours and six months jail time, community service of 100 hours, a minimum fine of $500 and up to $1,000.
  • Second offense – Between 90 days and 12 month jail time, a fine of $1,000 minimum up to $1,500.00. 
  • Third offense (nonperson felony) – A mandatory 90 days minimum up to 12 month’s imprisonment; a fine of $2,500; and no probation upon release. 

 Which is worse – DUI or DWI?

In the State of Kansas, the DUI court process sees the minimal difference between a DUI and a DWI. However, the consequences and penalties issues in the DUI court process are the same. 

Will DUI fail a background check?

Yes – it will appear on your NCIC record, even if you were acquitted or the case was dismissed. However, this isn’t a background check that everyone can see so it is rare for it to be presented. 

How does DUI affect your life?

As of September 1, 2021, a company can fine an employee charged with a DUI if it is stated within their employment policies they cannot commit this kind of offense. Additionally, a DUI charge can and will affect your personal life, starting with the permanent criminal record you’ll have. 

With job loss, financial struggles will ensue, which can pressure a household. Your automotive insurance will increase, and a DUI leaves you with a stigma so that family, friends, neighbors, and others will have a different viewpoint of you. 

glass of alcohol and car keys

One Final Question – Are DUI checkpoints legal?

Yes, in Kansas they are legal as a temporary roadblock for law enforcement to evaluate if drivers are intoxicated. The goal of sobriety checkpoints is to discourage drunk driving and minimize drunk driving offenses. If you’ve found yourself facing a DUI and need help with bail or understanding the process, reach out to us at 866-830-2663.