Kansas DUI Law
Being charged with a DUI in Kansas is serious business. Consider the costs. Your license can be suspended anywhere from 30 days to life. You could serve up to a year in the county jail. You might have to pay a fine of up to $2,500.00. And you could have your family’s only mode of transportation, the family car, impounded for 2 years. Simply put, it is downright stupid to go into the system blind and without an attorney at your side who knows Kansas DUI laws inside and out!
I do. In fact, before opening the office more than 7 years ago I prosecuted Felony DUIs and Traffic Jury Trials (as well as other more serious felonies) for the Sedgwick County District Attorney’s Office. I have prosecuted and defended dozens of DUI Bench and Jury Trials in Sedgwick County, McPherson County, Harvey County, Sumner County, Cowley County, Pratt County, Harper County, Kingman County, and many others (and successfully argued motions for suppression and dismissal in hundreds of other cases). Why is such experience important? Simply put, if your attorney doesn’t know how your case’s facts fit in to Kansas case and statutory law, he may miss something that could mean the difference between you walking away with a clean slate and minimal inconvenience, and having the proverbial book thrown at you!
A DUI case hinges on three critical points, I call them pivotal moments, and every competent DUI defense attorney must know these issues thoroughly. One is the traffic stop. Did the officer have probable cause to stop your vehicle? The case law is very wishy-washy on this question (and most others), so an experienced attorney who reviews Kansas Case and Statutory Law on a weekly basis is essential (this is a Friday ritual of mine, since that is the day each week that the Kansas Appeals Courts release their case opinions). One week a particular reason for a stop is fine, the next it is not. Only a DUI attorney who is committed to not only knowing the law but also taking cases to trial will be able to competently assess your traffic stop.
Second is the officer’s “reasonable grounds” to arrest you for suspicion of DUI. If an officer prematurely places you into custody before thoroughly investigating your physical condition, you have a argument for suppression of any resulting breath or blood test. Is his suspicion based solely on a smell? Not enough. What about a smell and an admission of drinking “two beers”? Again, case law says no. Only an attorney who has read and argued the cases on reasonable suspicion will know if your case’s facts fit the fact pattern of similar cases in Kansas that resulted in suppression of the evidence.
Finally, did the officer conduct the breath or blood test according to protocol. A part of this is whether he filled out the paperwork properly. A negative answer to these two issues might result in you getting your license back and, possibly, the criminal charges against you being dismissed.
I will not guarantee you that I will make your case go away. Any attorney who does that is just after your money. But I do assure you that I will use all my trial experience to determine if your case should be fought tooth and nail, and will do so utilizing the latest case opinions that fit your unique set of circumstances.
One final point, whether you set an appointment with me or see another attorney, time is of the essence! You only have 10 days from the date of arrest to request an administrative hearing (not counting weekends and holidays). If you miss this deadline you will have your license suspended regardless of just cause to dismiss the suspension, even if your attorney makes the criminal case itself go away! Call me immediately so we can at least buy you some time to drive.
KANSAS APPEALS AND SUPREME COURT OPINION DATABASE
Please Note: ALTHOUGH THE FOLLOWING KANSAS SUPREME AND APPELLATE COURT OPINIONS ARE RECENT HOLDINGS, THEY ARE NOT NECESSARILY CONTROLLING LAW. THEY ARE LISTED HERE MERELY TO GIVE THE READER AN IDEA OF HOW KANSAS COURTS HAVE RULED IN PAST DECISIONS. IT IS THEREFORE IMPORTANT THAT ONE NOT BASE FUTURE ACTION ON THE HOLDINGS IN THESE OPINIONS WITHOUT FIRST CONSULTING AN ATTORNEY DULY LICENSED IN YOUR JURISDICTION.
STATE V. SEEMS, NO. 89,114 (kan. sup. ct. 2004)
NEW PRECEDENT-SETTING OPINION!!!!! The State must present evidence of prior convictions at the preliminary hearing for a defendant to be bound over for felony DUI prosecution.
STATE V. KRALIK, NO. 89,921 (Kan. Ct. App. 2003)
When challenged by the defense, the State must provide adequate proof of prior convictions to prosecute and sentence a defendant under the felony DUI portion of K.S.A. 8-1567, such as a certified abstract of conviction. If unable to do so, the conviction will be under the misdemeanor provisions.
STATE V. GRAY, NO. 83,430 (Kan. Sup. Ct. 2001)
A suspect may rescind a refusal to submit to a blood or breath test within a reasonable time, defined as within a time period where the results of said test would accurately reflect the BAC of the defendant at the time of driving or a reasonable time thereafter (i.e., the result is admissible as evidence of drunk driving). Such a refusal may not be used against a defendant and should therefore be suppressed.
STATE V. BISHOP, 264 KAN. 717 (1998)
Failure to provide an interpreter for a deaf suspect does no render an otherwise properly administered implied consent warning invalid.
CAMPBELL v. KANSAS DEPT. OF REV., No. 78,110 (Kan. Ct. App. 1998)
Probable cause to arrest is that quantum of evidence that would lead a reasonably prudent police officer to believe that guilt is more than a mere possibility.
STATE v. JACKSON, 24 KAN. APP. 2D 38 (1997)
Constitutional rules applicable to DUI checklanes stated and applied. As long as the proper balance in struck between public safety and due process protections, such checklanes are permissible.
STATE v. HAMMAN, NO. 86,509 (Kan. Sup. Ct. 2002)
As stated in case syllabus paragraph number 3, "A civil or criminal infraction is not always essential to justify a vehicle stop. Safety reasons alone may justify the stop if the safety reasons are based upon specific and articulable facts."