DUI & DWI in Kansas

Drinking and driving is responsible for thousands of deaths each year. On a national level, approximately 42,000 people are killed in motor vehicle collisions, and about 16,000 of those deaths are related to alcohol.

Taken on an average, traffic accidents involving alcohol account for one death every 33 minutes, and for one person injured every two minutes, every year.

DUI Charges

If you are charged with driving under the influence of alcohol or drugs (DUI), the first thing you may want to do is consult with an experienced DUI attorney. Kansas is very tough on DUI, and the issue is serious enough that having legal representation is necessary in order to protect your rights.

Blood Alcohol Limits

Blood alcohol concentration (BAC), is the system of measure used to determine the level of alcohol in your bloodstream. It is illegal to drive in Kansas with a BAC of .08% or higher.

Refusing to Test

In Kansas, the DMV regulations state that having a driver's license, means you have given advance permission, or "implied consent" to testing for the presence of alcohol should you be stopped by law enforcement on suspicion of DUI.

Refusing to test is a separate offense from DUI. Even if you are later acquitted of the DUI charges, you will still undergo a license suspension of up to one year for refusing to take the test.

If you are convicted of DUI and refused the test at the time of your arrest, you may be required to pay a higher fine and may have your license suspended for a longer period.

Kansas DUI Law

The Kansas DUI Laws carry stiff penalties. It used to be that only the last five years of your driving record would be taken into account in DUI cases, now your lifetime driving record is considered.

DUI Consequences

DUI is considered a criminal offense, with the fourth or subsequent convictions at the felony level. A DUI conviction carries such penalties as fines up to $2,500, jail time of up to one year, suspended license for up to one year, and mandatory alcohol and drug treatment programs at your own expense. The court costs, supervision fees and other expenses will be your responsibility, too, not to mention increased insurance rates.

If you are arrested for DUI while driving a commercial vehicle, not only will you face the same penalties as a person in a passenger car, but you will automatically lose your CDL (and the main part of your livelihood) for one year.

If you're younger than 21 and are found to have a BAC of .02% or higher, you'll face an automatic 30-day driver's license suspension, followed by 330 days of restricted driving privileges.

DUI With Children in the Vehicle

If you are convicted of DUI and are carrying a child younger than 14 as a passenger, your mandatory incarceration time will increase by one month.

DUI Prevention

The Kansas Highway Patrol has some ideas to help keep impaired drivers off the streets and highways:

• Always have a "designated driver" if you are with friends and you know there will be drinking

• Leave your vehicle and use a taxi or a safe ride program

• If possible, make arrangements to spend the night where you are rather than risk driving after you've been drinking

Driving under the influence can have life-altering consequences for you and mean tragedy to others. It certainly pays to heed the advice above. Doing so can not only save you embarrassment, lots of money, jail time, and emotional turmoil, but it may even help save lives―yours or others'.

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