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Steps of a Drunk Driving Charge

The steps of a Kansas DUI case range from the initial stop to post-sentencing issues. An experienced Kansas DUI lawyer will be able to guide the defendant through the stages. The main stages of a Kansas DUI case is the stop, police investigation, arrest/ticket, booking, bail, first appearance/arraignment, discovery, negotiation, preliminary hearing (if charged as a felony as compared to a misdemeanor), suppression hearing, pre-trial conference motions, trial, sentencing and appeal. If your case was initially in the city court, you may have the right to appeal any adverse rulings and start all over again in the District Court under de-novo review.

If you or someone you know has been charged with a DUI, consult with a Kansas Drunk Driving Defense Attorney who focuses on defending clients charged with driving under the influence of alcohol or drugs. The content of this site is provided for informational purposes only and you should always speak with an attorney about such serious matters.

Though having a few drinks or cocktails may seem harmless, the effects can be devastating if followed by an attempt to drive afterwards. Such risky behavior could result in a costly traffic ticket combined with jail time, fines, and the loss of your driver's license. Far worse is the possibility of injuring - and possibly killing - an innocent person.

Whether you've been ticketed for drunk driving, or your situation is more severe, contacting a Kansas drunk driving defense lawyer immediately can be extremely beneficial in your case.

Kansas Police Officers' Methods to Determine Intoxication

Law enforcement officers use three different methods to determine whether a driver has had too much to drink or is too intoxicated (due to drugs or alcohol) to be driving. These methods include:

Observation

Field Sobriety Tests

BAC - Blood Alcohol Tests - PBT, Intoxilyzer, UA, and/or Blood Test

Simple observation begins well before the person is even removed from the vehicle. The officer makes notations regarding the driving itself. Many times, even when a mere traffic infraction is committed, it becomes the officer's opinion ion that the suspect's driving is indicative of drunk driving. The Kansas officer then observes the demeanor of the operator of a vehicle to determine whether the driver is intoxicated, based on the suspect's general behavior. Officers observe things such as smell, statements by the driver, appearance, fumbling, articulation, and etc. A sobriety test includes what is referred to as a field test. The officer will instruct the suspected intoxicated operator of a vehicle to do several exercises, such as follow a light with their eyes only, walk a straight line, stand on one leg, and/or recite the alphabet. These things supposedly assists the officer in determining whether an individual is intoxicated. A blood alcohol test usually first includes a portable breathalyzer unit, which calculates the amount of alcohol in an individual's blood by measuring the percentage of alcohol in the driver's breath, blood, or urine and calculating it by using a mathematical formula. Kansas officers use PBT's on the field and a more sophisticated machine at the station called the Intoxilyzer. You may also have done a blood test, which generally is more reliable. Also, a UA (urinary analysis) may be taken. Officers rarely give blood tests as they predominantly utilize the Breathalyzer.

It is important to know what your legal rights are concerning a DUI. A Kansas DUI attorney has expertise in this specific area of law and may be able to help you determine what your next step should be.

Penalties For Driving Under the Influence

The penalties in dui cases can be complicated due to legislated mandates, prosecutor policies, and pressure for groups such as MADD. There are a set of penalty guidelines for authority figures to follow; however, several factors could change the outcome of the penalty, including whether or not:

You refused to take the Breathalyzer Test

You've EVER had a previous DUI. There is no limited look back period anymore.

Your BAC was .15% or greater

You received other traffic citations such as DWS, DWR, No DL, TOC, etc.

There was a minor in the automobile

Whether anyone was injured

Sentencing in a dui case is affected by the specific facts of the case, the specific judge hearing the matter, and any weaknesses in the prosecutor's case uncovered by the Kansas dui defense attorney. The administrative hearing penalty regarding your license is not something which are adjusted. They simply are what they are and you need to try and beat the administrative hearing outright, albeit difficult.

Call me to speak with an experienced professional Kansas DUI defense lawyer.  We can evaluate your case, including how the dui investigation was handled by the police officer.  Kansas Law enforcement may have administered the Field Sobriety Tests incorrectly, which can impact the defense of your case. Compare how the officer did the tests versus the correct way under NHTSA guidelines: Walk and Turn, HGN, One Leg Stand.

If you have been injured in an auto accident due to a DUI driver causing a wreck with you, call my law office.  We have experience getting money damages for our clients who were injured in vehcle wrecks caused by drunk drivers.  See my sister site regarding DUI auto accidents for civil litigation personal injury matters. We recently we settled another DUI injury, which resulted in significant funds being provided to our clients.

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