You Only Have Days To Act After A Kansas DUI

As with the rest of the country, you can be arrested for a Kansas DUI if your blood
alcohol concentration is .08 or higher. But certain contingencies of the case will bring
varying punishments, even if this is your first dui offense. For example, if a person’s
BAC is .15 or above during their dui arrest, the penalties and sanctions will be more
severe than if the BAC was between .08 and .014. Also, if you are convicted of a DUI
and had a child under the age of 14 in your vehicle at the time, your jail sentence will be
extended by one month. And if you have a prior DUI from any State, you will be found to
have a felony criminal history. Finally, if you commit involuntary manslaughter while
driving drunk, you will probably be sent to prison for a period of from 38 to 172 months.

Different classes of drivers can be charged with a Kansas DUI with different BAC levels.
If you have a commercial driver’s license (CDL) in the State of Kansas, you can be
arrested with a BAC of .04. Any dui charges can result in the suspension or revocation of
your CDL. And if you are under the age of 21, you can be arrested for dui with a BAC of
only .02.

A DUI in Kansas will trigger two separate cases. The first is the criminal case, which may
result in jail time, fines, the loss of your driver’s license, and the possible impoundment
of your vehicle. The length of jail time and the amount of the fines depends on any
previous dui convictions or dui diversions, no matter how long ago they occurred. The
second is the administrative case, which may result in the suspension of your license.
How length of time your license will be suspended, which will range from 30 days to one
year, depends on whether or not you refused a chemical test, whether you failed a
chemical test, whether that failure was your first, and whether you are underage.

In the criminal case, the best dui attorney may attempt to show that your BAC test result
was incorrect, as well as any other evidence gathered by the authorities, calling into
question their training and experience, the constitutionality of the dui arrest, and if any
witness statements are credible and reliable. Regarding the administrative case, your dui
defense attorney can challenge the grounds on which your license is being suspended,
perhaps resulting in no suspension at all. However, you only have 10 days from the date
of your arrest, which is when you should have received a DC-27 form, instructing you to
send a letter requesting an administrative hearing. If you fail to do this, your license will
automatically be suspended. During these 10 days, your dui attorney can subpoena
documents and witnesses and, at the hearing, issues can be raised regarding reasonable
grounds.