Arrested for a First Time DUI in Kansas?
Contact an Overland Park DUI Attorney
Police in Kansas will pull you over if your driving or appearance shows reasonable grounds to demonstrate you are intoxicated. If you fail a field sobriety test, or if any test you take shows a blood alcohol concentration (BAC) of .08% or more, you will be arrested for a DUI. In our state, you do not have the right to refuse a chemical test and your refusal alone is grounds for a DUI charge.
First DUI Penalties
- The penalties for conviction on a first DUI offense include:
- Mandatory 48 hours in jail
- 100 hours of community service
In some cases you may have to serve up to 6 months in jail. A fine of $750.00 to $1000.00 will need to be paid in addition to courts costs. You will also be required to complete an alcohol evaluation program and have your driver's license suspended for 30 days. If your BAC was .15% or higher, your driving privileges will be suspended for 1 year and after that time, an ignition interlock device will be installed on your vehicle.
A skilled Overland Park DUI attorney can help you get through each step of the DUI process, fighting hard for your rights. I am attorney Steve Neighbors and my office is dedicated to DUI defense, not other areas of criminal law. My 30 years of legal practice have proven that there are many effective defenses for DUI charges and alternatives which may lessen your sentence.
DUI Diversion Program
If your case is approached correctly, you may be able to take advantage of our state's DUI Diversion program. This program is alternative to a criminal court conviction for a DUI wherein the prosecution agrees to NOT PROSECUTE you so long as you, successfully, comply with the diversion requirements.
- A couple of the good points about diversion are:
- Avoidance of mandatory jail time being served
- Diversions DO NOT, in-and-of themselves, trigger a license suspension
As such, persons who are qualified for diversions, and who do not have other viable trial defense issues to a criminal DUI charge, only have to defeat the KDR administrative license suspension proceding in order to avoid license suspension altogether. There are specific requirements to the program which must be adhered to, which I can explain fully.
The DMV will conduct a hearing regarding the suspension of your license and this is wholly distinct from your court case. If I represent you at this hearing, I do so with the goal of getting your driver's license restored as quickly as possible.
Contact an Overland Park DUI lawyer, Steve Neighbors, when you have been arrested on your first DUI and want proven legal help.
Commonly Asked Questions
Have questions? We are here to help. Still have questions or can't find the answer you need? Give us a call at 913-648-3360 today!
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Because it is illegal, under Kansas law, to plea bargain a DUI charge, the plea options, in a Kansas DUI matter, are usually limited to the following:
- Take the matter to Trial
- Consider diversion (if the person is eligible for diversion)
- Consider a plea of guilty, or no contest, to the DUI charge (if no better option is available) with negotiated plea minimums and, possible, dismissal of non-DUI charges that may be accompanying the DUI charge
A 4th alternative may be having the DUI charge dismissed IF the defense can show the prosecution that there is insufficient evidence to support a conviction to the charge - however, only an experienced attorney can understand the complexities of a DUI case, and conduct the relevant discovery (reports, lab results, video/audio recordings, and witness statements) needed to show the prosecution the true weaknesses to their prosecution case. I believe that every client deserves to have the best result possible under the circumstances of their case. I educate my clients on the relevant law regarding their factual circumstances so that my client can make the best decision possible regarding the outcome of their case.
- To receive clear cut answers to your questions on DUI charges, contact an Overland Park DUI lawyer from my firm.
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My name is Steve Neighbors, and I've successfully practiced law for 30 years. I have purposefully narrowed the scope of my practice to concentrate on DUI defense and in my experience, it is only through aggressive, and thorough, defense work, in opposition to the prosecution of DUI charges, that my client will obtain the best outcome possible. Your freedoms and rights are at stake; and, with a knowledgeable attorney working for you, there are many times when your charges can either be reduced, or dismissed (for insufficient evidence to convict) - which could result in the penalties you face being diminished.
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That depends upon the exact DUI offense you have been charged with, the severity of the crime and your prior DUI history. Commonly, DUI offenses are penalized by fines, community service, driver's license suspension, a jail sentence and possible impoundment of your vehicle. In addition, you will have to attend an alcohol awareness program. In some cases, an ignition interlock device will be installed in your car.
For more serious charges such as multiple DUI, felony DUI or vehicular manslaughter the penalties increase substantially.
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Steve, Thanks for all your help and advice last year! This year, I promise to be good. If not, I will be in contact with you!
“Steve, Thanks for all your help and advice last year! This year, I promise to be good. If not, I will be in contact with you!”- Rene O. -
If ever anyone comes to me needing a referral, I would give them your name instantly with rave reviews. Again, thank you for everything!
“If ever anyone comes to me needing a referral, I would give them your name instantly with rave reviews. Again, thank you for everything!”- B.R. -
His prices are fair but more importantly, he gets the job done and keeps me in the loop.
“His prices are fair but more importantly, he gets the job done and keeps me in the loop.”- A.C.
