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Stages of a Drunk Driving Case

The stages of a Kansas DUI case range from the initial stop to sentencing. An experienced Kansas DUI lawyer will be able to guide the defendant through the stages smoothly. The main stages of a Kansas DUI case is the arrest/ticket, booking, bail, 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 coupled 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 drunk driving lawyer immediately can be very beneficial.

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 by some other means, to be driving. These methods include:

1. Simple Observation

2. Sobriety Test

3. Blood Alcohol Test

A simple observation test consists of studying the demeanor of the operator of a vehicle and determining whether the driver is intoxicated based on his general behavior. Officers observe things such as driving, smell, statements by the driver, appearance, fumbling, 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 walk a straight line or recite the alphabet, which helps in determining whether an individual is intoxicated. A blood alcohol test usually requires 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 mahine at the station called the Intoxilyzer. You may also have done a blood test, which generally is more reliable. Also, a UA (urinary anaylsis) mave have been taken.

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

Your BAC was greater than .15%

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

There was a minor in the automobile

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 defense attorney.

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