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Kansas law permits expungement of certain convictions, adjudications, arrest records, and diversion agreements. Once an eligible offense is expunged, a person must be treated as if he has never been arrested for, convicted of, or diverted from the expunged crime. Though the expunged offense will still be considered when determining criminal history in any subsequent…

Summer is here, and the DUI defense attorneys at Joseph, Hollander & Craft know that many people will be heading to the lake to celebrate the 4th of July holiday. Whether you are heading to a destination resort or your local lake, be aware that you can be prosecuted for boating under the influence (“BUI”)…

Restaurants, bars, caterers, liquor retailers, liquor distributors, and liquor manufacturers (including wineries, microbreweries, and microdistilleries) are regulated at the state level by the Kansas Department of Revenue’s Alcoholic Beverage Control Division. The ABC Division issues 17 different licenses and 5 different permits for the manufacture, distribution, and sale of alcoholic liquor. Local governments also play…

Our clients frequently ask what consequences a prior out-of-state conviction will have for a DUI case in Kansas. Whether you were visiting Kansas from another state or recently moved to Kansas, your prior DUI record will follow you and could have consequences on your Kansas case. Kansas enhances penalties for second and subsequent DUI convictions….

By Diane L. Bellquist, J.D. When you hear the term “impaired provider,” you may think of the doctor who practices under the influence or who has hit rock bottom to the point he or she can no longer function to hold the practice together.You may be surprised by what the impaired provider label encompasses. Case…

In 2006, Kansas enacted legislation requiring the use of ignition interlock devices by some DUI offenders. The device is a breathalyzer installed in the ignition part of a motor vehicle. The driver must provide a breath sample for the device before the vehicle will start. Any detection of alcohol will prevent the vehicle from starting….

The legalization of marijuana by some states has started a national debate about driving under the influence of marijuana. Kansas doesn’t have a separate law regarding driving under the influence of marijuana, as opposed to driving under the influence of alcohol. The current DUI law prohibits driving under the influence of alcohol or drugs or…

Refusing or Taking a Breath Test If you are arrested for DUI, you will be read an “implied consent advisory” and asked whether you will consent to take a blood alcohol test, usually in the form of a breath test. You should consider the following when deciding whether to refuse or take the test. Recently…

There are several things you should and should not do when stopped for DUI in Kansas. Below we have laid out some of the most important tips to remember during your traffic stop. We have also put together a nice little DUI info-graphic that you can print out and put in your vehicle to review…

Five to ten years after successfully completing your DUI sentence, your DUI attorney may request that all records of your arrest and conviction or diversion be expunged from your record. Expungement removes the record from the KBI criminal history database and from court files. This means that employers and the public will not be able…

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