Posts Tagged ‘Kansas DWI Laws’

DWI Felony in Kansas

Posted on Mar 25, 2011

Drinking and driving laws in the state of Kansas are some of the toughest in the United States.Drinking Laws including DWI felonies in Kansas are strictlyenforced by the states law enforcement personnel.

Consequences ofa DWI Felony in Kansas

If you are arrested for felony DWI in Kansas some of the consequences are;

Jail time
Driving privileges taken away
Severe Fines
Lose of employment

Kansas DWI Felony Guilty Verdict

A district attorney in Kansas must prove that you are impaired in your driving because of alcohol by proving that your blood alcohol content (BAC) was 0.08% or more, provingwith evidence that he you performed poorly on a field sobriety tests, showed poor driving skills, or you physically appeared intoxicated. The state can also use statements, which prove your impairment, to an officer to prove your guilt.

Deterring DWI Felonies in Kansas

A DWI felony in Kansas is just like criminal charges. A prosecutor must prove that you are guilty of DWI to a judge or jury. Due to the fact that driving while under the influence is so frowned upon in today’s society defendingthose charges has become more difficult and penalties have increase and became harsher to serve as a deterrent.

Kansas DWI Felony Effect on Your Driving Privileges

Not only will you face criminal charges if you are arrested for driving under the influence in Kansas that may cause you monetary lost, incarceration, and suspension of your driving license. There is the civil aspect to the charges case that can also result in the revoking of your driving privileges. You must pay attention to both the criminal case and the civil driver’s license case, both have different laws and rules that if neglected could cause harm to you even if one case is drop the other still has to be dealt with separately. In Kansas your;

1st conviction for DUI is a Class B misdemeanor.
2ndconviction for DUI is a Class A misdemeanor
3rdconviction for DUI is a felony
4thconviction for DUI is also a felony

DUIfor drivers under 21

In Kansas DUI is a very complicated and detailed matter so the need for a skill drunk driving defense lawyer is must. So do yourself a favor if you are in Kansas and get one competent lawyer!

DWI Laws for Minors in Kansas: What Happens After the Hearing?

Posted on Jun 24, 2010

Kansas DWI laws prohibit you from operating any vehicle within the state if you are a minor and are under the influence of alcohol. According to the DWI ‘per se’ law, you will be prosecuted for DWI if your BAC is of 0.02 or more. You can be charged under both the per se DUI provision as well as the operating the vehicle under the influence provision of the Kansas DWI statute. In the case of ‘per se’ DWI cases, the prosecution need not prove impairment during trial.

If you are a juvenile above 14 years old but below 18 years old, you will be charged with a DWI and tried in an adult court instead of a juvenile court. If you are involved in a DWI, you will be sentenced for a period of ten days in a juvenile detention facility. The court will either revoke or suspend your driving privileges. If you are convicted, your sentence can increase up to one year. Your license might not be suspended; instead you might get restrictions on the driving privileges.

However, if you are a minor and are involved in a DWI in Kansas, it is unlawful. When arrested for suspected DWI, the enforcement officer will tell you take a breath or blood test. If your BAC is found to be 0.02 or more, you will not face any criminal penalties instead only your driving privileges can be suspended. If the BAC is between .02 and .08, then your license will be suspended for 30 days for the first offense and one year on any subsequent occurrence. If your BAC is at 0.08 or above, your license will be suspended for a period of one year.

Administrative Hearing

If you are arrested for a DWI and you are a minor you will face serious consequences. To avoid an automatic suspension of driving privileges, you must request an administrative hearing within 10 days of the day you were arrested for suspected DWI. The administrative hearing can be requested in order to challenge the suspension of your driving privilege at the court.

When an administrative hearing is requested, it is better if your Kansas DWI lawyer is present to help in requesting it. If the court decides to grant you a hearing, it will give you a permit to drive provided you have surrendered your driver license at the DMV of Kansas. The permit enables you to drive until 15 days after the decision from the hearing is mailed to you. However, if you fail to request for a hearing or are unable to request for the hearing within 10 days from the date the Notice of Suspension is issued to you, your hearing will be denied. Then you will not be able to appeal in the future. An inability to request a hearing will lead to the suspension of the license commencing on the 15th day after the arrest.

What happens after the Administrative Hearing?

If you lose the administrative hearing, your driver license will be suspended depending on your previous five-year driver record. The license will be suspended effective 15 days after the final order of the hearing officer being mailed from the Department of Revenue to your address. If you are convicted during the past five years for any kind of alcohol-related law enforcement offense, you will be revoked for one year. However, if there had been no earlier conviction during the past five years, then the suspension will be for 30 days. The 30-day suspension is followed by a 60-day restricted driving privilege. If the suspension is upheld at the administrative hearing, you can petition the circuit court for further review.

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