The National Transportation Safety Administration is recommending the reduction of the presumptive alcohol breath sample from .08 to .05. The reduction to .05 will create a new wave of DUI arrests because even the average social drinker will be presumed to be driving under the influence if he/she has as little as one alcoholic drink…

The United States Supreme Court has agreed to decide three cases that question whether police officers can get blood or breath tests from DUI suspects without a search warrant and whether a person can be charged with a crime for refusing these tests. Two of these cases come from North Dakota and the other comes…

A jail sentence for DUI can be commuted to house arrest. A person on house arrest must stay in his residence at all times except when specifically permitted by the court to leave. Courts generally permit people on house arrest to go to and from work. In many cases, courts also allow people on house…

A diversion is an agreement with the prosecutor in which the prosecutor agrees to dismiss your case if you complete certain requirements. The requirements usually include paying a diversion fee and court costs, obtaining an alcohol evaluation and following the evaluator’s recommendations, and not committing any other crimes. If you comply with the requirements for…

Standardized Field Sobriety Tests The National Highway Traffic Safety Administration has adopted standardized field sobriety tests (“SFTS”) that may produce reliable indications of intoxication. But they are only reliable if police administer the tests correctly. The three SFTS tests and the “clues” that law enforcement officers look for are based on the premise that intoxicated…

The potential penalty for a DUI conviction depends on whether you are charged with a first, second, third, fourth, or subsequent DUI. For arrests on or after July 1, 2012, only convictions after July 1, 2001 count as prior convictions. A prior diversion is considered a prior conviction. The rules for determining what counts as…

The following summaries describe recent cases handled by our DUI attorneys. They are not offered to predict success in your case, nor do they provide a comprehensive account of all of our recent cases. They are offered solely to provide a sample of the type of cases that we handle: May 2013 — Our client…

This year, as it has for several prior years, the Kansas Legislature has made even more changes to the state’s DUI laws. The changes made during this past legislative session were small, but they will have a big impact. The following changes will take effect on July 1, 2015: House Bill 2159 amended the time…

On June 9, 2015, Governor Brownback signed into law House Bill 2055. The new law will take effect on July 1, 2015.This law is named after a school teacher in McPherson, Kansas, who was badly injured after being hit by a drunk driver. The driver was charged with aggravated battery while under the influence—a felony…

Following is an info-graphic of important information regarding DUI Stops or DUI Checkpoints in Kansas. Know your rights. Contact us to set up a DUI consultation.

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