How Can I Defend A Dui Charge?
In order to defend against such a charge, you must be ready and able to demonstrate, either through independent witnesses who can attest to your lack of intoxication, or through critical examination of the results of the Intoxilyzer or blood tests; the precision and proficiency with which the officer conducted the field sobriety tests; the training and experience of the persons who conducted any chemical tests; the constitutionality of any stops, searches and seizures; and the credibility and reliability of the statements of any witnesses. As with any criminal charge, the city or state bears the burden of proving the charge against you. Because of an increased political and public intolerance toward those who drink and drive, however, defending against a DUI charge has become more complicated, while the penalties upon conviction have become more onerous.
This FAQ provided courtesy of Hulnick Law Offices.
Other Kansas Drunk Driving Defense FAQs
-
Q:
What Is A Dui?
A: In Kansas, the charge of Driving Under the Influence of Alcohol or Drugs (DUI) means that you operated or attempted to operate a vehicle when, because of the ingestion … More -
Q:
Why Is Criminal Charge And A Civil Case In A Dui?
A: If you have been arrested for DUI, there are two distinct and separate aspects of your case: the criminal charges, which can result in fines, jail time, and loss of … More -
Q:
What Is The Administrative Hearing?
A: The length of suspension that you face depends upon whether you refused the chemical test or whether you failed the test, whether this is your first test failure, and … More -
Q:
What Happens At The Administrative Hearing?
A: If you request an administrative hearing, in a timely manner, your driving privileges cannot be suspended until a decision has been made by the hearing officer. Prior … More -
Q:
What Are The Potential Criminal Penalties?
A: Aside from the administrative suspension of your driving privileges, the criminal charge of DUI carries fines, potential jail time, and suspension of your driving … More -
Q:
What Are The Potential Criminal Penalties For A First Conviction?
A: A first conviction for DUI is a Class B misdemeanor. The potential sentence is 48 hours to six months in jail. The person must serve at least 48 hours, unless the … More -
Q:
What Are The Potential Criminal Penalties For A Second Conviction?
A: A second conviction for DUI is a Class A misdemeanor. The potential sentence is 90 days to one year in jail. The person must serve at least five days, but after 48 … More -
Q:
What Are The Potential Criminal Penalties For A Third Conviction?
A: A third conviction for DUI is a felony. The sentence includes 90 days to one year in jail. Ninety days imprisonment is mandatory, but after 48 hours in jail, the judge … More -
Q:
What Are The Potential Criminal Penalties For A Fourth Conviction?
A: A fourth conviction for DUI is also a felony. Like a third conviction, there is a minimum sentence of 90 days. A person convicted of a fourth or subsequent DUI, … More -
Q:
How Do Duis Affect Juvenile Drivers?
A: Juveniles who are at least 14 but not yet 18 years of age, who are charged with DUI are tried in adult court, rather than juvenile court. A juvenile's sentence, … More
How To Drive to Work After a DUI
Featured Kansas DUI Law Firm
Call 866-292-1631
Free Consultation
Or click here to email us