If you are charged with driving under the influence of alcohol or drugs (DUI) in the State of Kansas, the first thing you may want to do is consult with an experienced DUI attorney. At O’Hara & O’Hara we are here to represent you in DUI matters. If you are facing an DUI in Wichita Kansas and the surrounding area, it is important to retain a dedicated Sedgwick County DUI attorney who can defend your interests, promote your rights, and provide you with strategic professional counsel every step of the way.
At the Law Offices of O’Hara & O’Hara LLC, we have been privileged to help clients throughout the state of Kansas through DUI legal representation. Our attorneys and staff are skilled in the area of DUI law. Read the following answers to common questions we receive, or learn more directly from a free DUI Law consultation.
What are the penalties for a DUI in Kansas?
1st Offense:
Jail: 48 hour min. / Fines and Penalties: $500 to $1,000 / License Suspension: 30 days / Ignition Interlock Device Required: No
2nd Offense:
Jail: 90 days up to 1 year / Fines and Penalties: $1,000 to $1,500 / License Suspension: 1 year / Ignition Interlock Device Required: Yes
3rd Offense:
Jail: 90 days up to 1 year / Fines and Penalties: $1,500 to $2,500 / License Suspension: 1 year / Ignition Interlock Device Required: Yes
4th Offense:
Jail: 180 days up to 1 year / Fines and Penalties: $2,500 min. / License Suspension: 1 year / Ignition Interlock Device Required: Yes
How much do you have to drink (Blood Alcohol Content) for a DUI in Kansas?
Under 21 = .02% / 21 or older = .08% / Commercial .04%
What if you refuse to take a chemical test in Kansas?
Kansas has an implied consent law. That means that if you refuse to submit to a chemical test you will be subject to a fine and automatic license suspension.
Refusal to take test
1st Offense = 1 year license suspension / 2nd Offense = 2 year license suspension / 3rd Offense = 3 year license suspension
Can you plead to a lesser offense than DUI in Kansas?
No, a plea bargain for a conviction of “wet reckless” (reckless driving involving alcohol) is barred by statute in Kansas.
How many drinks does it take to reach the legal limit in Kansas?
There are many formulas, charts and calculators to determine your BAC, however these devices should be used with caution as each individual has physical attributes that impact their BAC score. Depending on your sex, weight and body-fat percentage, your BAC may be higher than any of these reference tools predict. It is safe to say that each drink you take brings you closer to impairment and a DUI arrest.
How can I prevent a DUI?
The best answer is not to drink and drive. Another option is to always have a “designated driver” if you are with friends and you know there will be drinking. Leave your vehicle and use a taxi or a safe ride program. If possible, make arrangements to spend the night where you are, rather than risk driving after you’ve been drinking.
Disclaimer: We try to keep the information provided up to date. However, laws often change, as do their interpretation and application. We recommended that you seek the advice of a local attorney familiar with DUI cases in your area.
