Police in Kansas will pull you over if your driving or appearance shows reasonable grounds to demonstrate you are intoxicated. If you fail a field sobriety test, or if any test you take shows a blood alcohol concentration (BAC) of .08% or more, you will be arrested for a DUI. In our state, you do not have the right to refuse a chemical test and your refusal alone is grounds for a DUI charge.
In some cases you may have to serve up to 6 months in jail. A fine of $750.00 to $1000.00 will need to be paid in addition to courts costs. You will also be required to complete an alcohol evaluation program and have your driver's license suspended for 30 days. If your BAC was .15% or higher, your driving privileges will be suspended for 1 year and after that time, an ignition interlock device will be installed on your vehicle.
A skilled Overland Park DUI attorney can help you get through each step of the DUI process, fighting hard for your rights. I am attorney Steve Neighbors and my office is dedicated to DUI defense, not other areas of criminal law. My 30 years of legal practice have proven that there are many effective defenses for DUI charges and alternatives which may lessen your sentence.
If your case is approached correctly, you may be able to take advantage of our state's DUI Diversion program. This program is alternative to a criminal court conviction for a DUI wherein the prosecution agrees to NOT PROSECUTE you so long as you, successfully, comply with the diversion requirements.
As such, persons who are qualified for diversions, and who do not have other viable trial defense issues to a criminal DUI charge, only have to defeat the KDR administrative license suspension proceding in order to avoid license suspension altogether. There are specific requirements to the program which must be adhered to, which I can explain fully.
The DMV will conduct a hearing regarding the suspension of your license and this is wholly distinct from your court case. If I represent you at this hearing, I do so with the goal of getting your driver's license restored as quickly as possible.