Topeka DUI Attorneys

Protecting Your Rights and Future After a Driving Under the Influence Charge

If you have been charged with a DUI in Kansas, you can expect to face several harsh penalties. Whether it’s your first or subsequent violation, you could be subject to incarceration, fines, and/or driver’s license suspension. Additionally, even before your case concludes, you could lose your driving privileges if you refused or failed a chemical test. You can fight your charge with the help of a criminal defense attorney. They can develop a strategy to pursue an optimal result on your behalf.

At Ralston, Pope & Diehl, LLC, our DUI lawyers in Topeka recognize that a lot is at stake in these matters. That is why we take every case we handle seriously. Our strategic approach involves a thorough review of the facts. We look at the reason for the DUI stop and arrest, the chemical test procedures, and the blood and breath test results. From there, we determine effective paths for challenging the accusations against our clients. Backed by over 100 years of combined experience, we know what it takes to pursue favorable outcomes in legal matters.

To discuss your case with one of our Topeka DUI attorneys, please call us at (785) 200-9465 or contact us online today.

What Is Considered a DUI in Kansas?

Kansas Statute § 8-1567 concerns driving under the influence (DUI).

It provides that the offense is committed when someone operates or tries to operate a vehicle when they:

• Have a blood alcohol concentration of 0.08 or more, or
• Are unable to drive safely because they are impaired by drugs and/or alcohol.

What Are the Penalties for a DUI?

In Kansas, a DUI can be charged as a misdemeanor or felony. The level depends on whether the driver has any prior DUI convictions. The potential penalties are based on the facts of the case.

Below are examples of some of the punishments a judge can impose:

• First offense – class B nonperson misdemeanor:
  • 48 hours to 6 months in jail or 100 hours of community service
  • $750 to $1,000 in fines
  • 30-day driver’s license suspension, with 180-day IID restricted driving privileges after the suspension period
  • House arrest
  • Alcohol and drug evaluation
• Second offense – class A nonperson misdemeanor:
  • 90 days to 1 year in jail
  • $1,250 to $1,750 in fines
  • 1-year driver’s license suspension, with 1-year IID restricted driving privileges after the suspension period
  • House arrest
  • Alcohol and drug evaluation
• Third offense (more than 10 years after the previous conviction) – class A nonperson misdemeanor:
  • 90 days to 1 year in jail
  • $1,750 to $2500 in fines
  • 1-year driver’s license suspension, with 2-year IID restricted driving privileges after the suspension period
• Fourth or subsequent offense – nonperson felony:
  • 90 days to 1 year in jail
  • Up to $2,500 in fines
  • 1-year driver’s license suspension, with 3-year IID restricted driving privileges after the suspension period

At Ralston, Pope & Diehl, LLC, our DUI lawyers in Topeka vigorously defend individuals accused of driving under the influence – whether it’s their first or subsequent violation.

Is Your Driver’s License Immediately Suspended After a DUI Arrest in Kansas?

Your driver’s license could be suspended even before your criminal case concludes. This loss of driving privileges can happen if you refuse or fail a chemical test to determine your blood alcohol concentration or detect a controlled substance in your system.

The suspension periods for a chemical test failure are the same as those for a DUI conviction.

The periods for a refusal are as follows:

• First occurrence: 1 year, with 2-year IID restricted driving privileges after the suspension period
• Second occurrence: 1 year, with 3-year IID restricted driving privileges after the suspension period
• Third occurrence: 1 year, with 4-year IID restricted driving privileges after the suspension period
• Fourth occurrence: 1 year, with 5-year IID restricted driving privileges after the suspension period

Fight Your DUI Charge

Allegations of driving under the influence can be fought in several ways. For instance, the defendant could challenge the legality of the stop or arrest, or they may question the accuracy of the chemical test results. The defenses raised in your case will be based on your circumstances. Let our Topeka DUI attorneys assess the facts and discuss your legal options.

Contact Ralston, Pope & Diehl, LLC by calling (785) 200-9465.