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If you’re being charged with a DUI in Kansas, you have to be ready to fight with everything you have. However, this isn’t a fight you should take on alone. You need to enlist the help of an experienced Kansas DUI lawyer. A drunk driving legal expert can dissect the facts about your case, track down independent witnesses, and construct your case to ensure you receive the fair defense you deserve.
Remember, your lawyer is there to be a part of your team not to do everything for you. In other words, you need to take a serious interest in your case. The best way to do so is to first educate yourself on Kansas DUI laws. This information will help you make the proper decisions in your case to give yourself the best chance of receiving the outcome you desire.
Like other states, the legal limit for BAC in Kansas is .08%. If your BAC is at this level or higher, you can’t legally operate an automobile. If you’re pulled over with a BAC above the legal limit, you will be charged with a DUI.
In court, the state has to prove that you either exceeded the legal limit or that other evidence indicates that your driving was impaired. Such evidence includes poor driving patterns, field sobriety tests results, comments you made at the time of your traffic stop, and your general demeanor.
Of course, a Kansas DUI lawyer will scrutinize the tests and other evidence to make certain the state meets their burden of proof with regards to your condition when behind the wheel.
By now, you’re undoubtedly wondering exactly what you’re up against if you’re DUI charges stick. While each case is unique, the basic guidelines for Kansas DUI penalties are as follows.
If this is your first DUI conviction, you could serve anywhere from 2 days to 6 months in jail. The fines range up to $1,000, and your license will be suspended 30 days with an additional restriction for 330 days thereafter. You will also have a substance abuse evaluation, and you’ll be required to go to treatment if suggested.
For your second DUI conviction, you could serve anywhere from 3 moths to one year in jail. The fines range up to $1,500, and your license will be suspended for a full year. Additionally, an ignition interlocking device will be places on your car for a year after you get your license back.
On your third DUI arrest, you’ll be charged with a felony. You’ll serve a minimum of 90 days and a maximum of one year in jail. The fines go up to $2,500, and your license will be suspended for a year, followed by a year with an ignition interlock device.
Of course, there are other factors that determine how severe your punishment will be. If you cause any injuries or death while intoxicated, you face severe consequences. Your penalties may also be enhanced if you’re driving with a child in the car during your DUI traffic stop.
Remember, a lot of evidence goes into a DUI case, and you need a Kansas DUI lawyer in your corner who can make sense of it all. Experienced legal counsel will make sure that your rights are upheld and that you receive the defense you deserve.
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