The Kansas statute prohibiting driving under the influence (“DUI”), K.S.A. 8-1567, categorizes the severity level of the crime based on how many prior DUI convictions the offender has. For example, DUI is a class B misdemeanor for someone who has no prior DUI convictions. But DUI is a felony for someone with three or more […]
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 […]
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. […]