fbpx

Effective July 1, under a change in state law, Kansas drivers can no longer be charged with a crime for refusing a sobriety test. The Wichita Eagle published an article on July 2, 2019, about this change, and DUI Defense Attorney, B. Keith Edwards responded to the editor with the following: On the front page…

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…

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….

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…

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…

Page 1 of 41 2 3 4