Driving Under the Influence of Drugs and/or Alcohol (DUI)


Getting arrested was probably one of the worst experiences in your life.  Most people come away feeling embarrassed or humiliated.  It’s okay if you’re feeling that way, just know that the worst is probably behind you and things are going to get better.

There are many issues that need to be explored when defending against a DUI.  Typically, two of the most significant issues are:

     * Whether there was reasonable suspicion to stop the vehicle.

     * Where there was probable cause to arrest.

DUI is a unique crime in the United States in that people from all walks of life find themselves charged with DUI.  You’d be surprised how many people you know including doctors, lawyers, company CEOs and even police officers have been charged with DUI sometime in their lives. If you’ve been charged with a DUI it doesn’t mean you’re a bad person. DUI charges are usually the result of a error in judgment.  People typically don’t consciously drive under the influence of drugs and/or alcohol.  Instead, people drive under the mistaken belief that they are “okay” to drive.  Unfortunately, there isn’t any practical way for most people to know what their blood alcohol concentration is before they start driving.  Advances in technology may solve that problem in the next few years but for the time being we have to rely on our own judgement and our family and friends to help us make good decisions about drinking and driving.

In Kansas, a first offense DUI is a class B misdemeanor which carries a maximum sentence of 6 months in jail and a $1,000 fine.  What makes a DUI different from other offenses is that a first offense DUI conviction carries a mandatory minimum sentence of 2 days in jail and a $750 fine.  Unfortunately, if this isn’t your first DUI, the penalties will be worse if you’re convicted.

There are also license consequences if you have been arrested for a DUI. Here is a chart showing the possible consequences.

Alcohol Actions Chart

To try to avoid loosing your license, you must request a hearing within 14-days of your breath/blood test failure/refusal.  The license hearing which is separate and distinct from the criminal case.  

What You Need To Do To Try And Save Your License

If you’ve been charged with a DUI you’ll have to decide whether to take the case to trial, plead guilty (usually not a great option) or apply for diversion (only a option on a first offense DUI).  There’s no way to know which option is right for you until we review the evidence in your case including the arrest report, arrest video and breath or blood test records.

Click on these links for more information related to DUIs:

          - Other Things to Know About DUIs

          - Victim Impact Panel Information