Wichita DUI Defense Attorneys

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If you’ve been arrested for driving under the influence (DUI), you need to act quickly. A conviction for driving under the influence can result in a jail sentence and fines owed to the court, but simply being arrested for a DUI can result in your driver’s license being suspended — within a matter of days. Contact the experienced Wichita DUI defense lawyers at Joseph, Hollander & Craft for a thorough explanation of what you are facing and what can be done in your defense.

Why Choose Our DUI Defense Lawyers in Wichita?

The attorneys of Joseph, Hollander & Craft Wichita have defended thousands of people charged with driving under the influence all across Kansas. In addition to knowing the applicable statutes and ordinances inside out, our DUI defense attorneys have gained significant experience and insight from representing people in dozens of counties across the state. We put that knowledge and experience to use in defending each and every one of our clients charged with DUI.

Whether this was your first encounter with law enforcement or you are an old hand at the process, our Wichita DUI defense lawyers can help. Our experienced criminal defense lawyers have handled DUI cases involving physical injuries, property damage, allegations of driving under the influence of drugs, and DUI charges against minors.

Common Penalties for DUI Charges in Kansas

Potential penalties for DUI in Kansas depend on whether you have a prior record of DUI convictions. Potential penalties for misdemeanor DUIs include:

• First DUI: up to 6 months in jail; up to $1,000 fine
• Second DUI: up to 12 months in jail; up to $1,750 fine
• Misdemeanor Third DUI: up to 12 months in jail; $1,750 – $2,500 fine

Some third DUIs and all fourth DUIs are felony offenses with mandatory confinement sentences.

You will also be subject to suspension of your driver’s license and installation of an ignition interlock device upon restoration of privileges.

Potential Defenses to DUI Charges in Wichita

The Wichita DUI lawyers of Joseph, Hollander & Craft are experienced trial attorneys who know how to make your case in the courtroom. We know what evidence matters most and how to challenge the prosecution’s case.

In addition to putting on evidence in your favor, we work to limit the admission of evidence against you. Our Wichita DUI defense lawyers have a proven track record of protecting their client’s constitutional rights. If you were illegally detained, illegally searched, or illegally arrested, we have the experience and skills needed to safeguard your rights and prevent the prosecution from using wrongly gained evidence at trial.

Rules and laws also apply to police. Our DUI defense lawyers can identify their mistakes during the initial stop, the field sobriety tests, the arrest, and any test for blood alcohol concentration or drug impairment. Then, we use those mistakes to make sure you are not made into a victim of the court system. Put our tactful and aggressive style of courtroom advocacy to use as you face these charges.

Adept DUI Plea Negotiators Serving Wichita

Joseph, Hollander & Craft’s Wichita DUI defense lawyers are familiar with the risks inherent in litigation and know that sometimes negotiation is necessary. We can review your case with you and help you make the best choice about how to proceed. We are experienced negotiators who can get you a favorable plea bargain if you decide that a trial is not in your best interest. Because we know what prosecutors take into account when handling these cases, we know where there is room to negotiate and how much compromise can be made.

In addition to effectively advocating for mitigation when necessary, we can also help you decide whether a diversion is your best option. A diversion is one way to possibly avoid a conviction when other defenses might not be available, but it is not a “get out of jail free” card. By entering a diversion agreement, you may avoid a conviction altogether — obtaining full dismissal of charges after the diversion period terminates. But failing to comply with the terms of a diversion can sometimes automatically result in a conviction. Diversions are not available to everyone, and they are not in every person’s best interest. Our Wichita DUI defense lawyers will work with you and make sure that you understand the benefits, risks, rewards, and consequences of any course of action.

Your Defense During Driver’s License Revocation Proceedings

A DUI arrest can seriously harm your driving privileges, which may affect your finances, your career, and your family. The administrative process for action against your license is quick and requires your immediate attention. Our Wichita DUI defense attorneys can request an administrative hearing on your behalf and help you determine whether you have any defenses that can preserve your driving privileges.

Assistance from a knowledgeable DUI lawyer can impact whether you keep your license or whether you lose it. A skilled DUI defense attorney will raise and argue the critical issues that make a difference to the hearing officer or in an appeal.

Frequently Asked Questions About DUI Defense in Wichita

What does “implied consent” mean?

Like every other U.S. jurisdiction, Kansas has an implied consent law regarding DUI testing. Implied consent laws state that a driver’s consent to chemical testing is automatic upon exercise of the privilege of operating a vehicle in the state. If you are suspected of driving under the influence (DUI), a law enforcement officer may request that you take a chemical test without first giving you the opportunity to consult with and attorney. Refusal of the test can result in a loss of driving privileges for a year or more and may also result in a requirement that you install an ignition interlock device on your car.

What happens if I have to get an ignition interlock device?

An ignition interlock device prevents a vehicle from starting until a breath sample is provided and the breath alcohol concentration shows the provider has an acceptable BAC to drive.

If an ignition interlock device restriction is imposed, a device will be installed on your car. The device data will be monitored for breath samples, calibration details, attempts to tamper with the device, and any failed tests. Some devices collect have GPS location information.

Costs may vary depending on your specific restrictions, but it generally costs about $75/month. In addition, there will be a fee for installation, calibration, and removal.

Can you help my child if he/she is charged with DUI?

In Kansas, an adult over 21 may be charged with a DUI if determined to be operating a vehicle with a blood alcohol content of 0.08% or higher. Anyone under 21 may be charged with a DUI if determined to be operating a vehicle with a BAC of .02% or higher. A drive under 21 with a BAC at or above 0.02% and 0.08% is also subject to a license suspension of up to 30 days (or longer if the minor has prior DUIs).

Our Wichita criminal defense attorneys have ample experience defending individuals charged with DUI – including juveniles and drivers under 21. For assistance with your child’s DUI charge, call us today.

Does a DUI show up on a background check?

Both municipal and state court DUIs can show up on a background check. This means it may be visible to an employer, educational institution, or other person or entity searching running a background check on you.

However, an expungement will result in records of you DUI arrest, diversion, and/or conviction being sealed from public view. As a result, the records will be unavailable through most standard background checks.

In Kansas, records for a 1st DUI offense can be expunged 5 years after completion of diversion or sentence, and records for 2nd and subsequent DUI offenses can be expunged 10 years after completion of sentence.

Can I refuse a chemical test?

In Kansas, a refusal of a chemical test for DUI can result in a suspension of driving privileged for a period of one year. Refusal to submit to testing can also be used against you at a trial or hearing on a charge arising out of the operation or attempted operation of a vehicle while under the influence of alcohol or drugs, or both.

A driver can appeal from the license suspension, but law provides only 14 days to do so. If you are looking at a license suspension due to refusal to test, it is important to contact an attorney as soon as possible.

The officers took my license and gave me a sheet of paper; what does this mean?

In almost every Kansas DUI arrest, law enforcement will take a driver’s physical license and give them a form known as a DC-27. When the officer gives you that form, a 30 day countdown starts that will end with the Kansas Department of Revenue suspending your driving privileges. The only way to stop that automatic suspension is to file an appeal with the Department of Revenue within 14 days. This is one of the reasons it is so important to contact a DUI lawyer as soon as possible after your arrest.

I was just arrested and the officers took my license; can I still drive?

In many cases, yes. If the officers gave you a form known as a DC-27 when they took your license, you are likely still able to drive for up to 30 days. The DC-27 actually serves as a temporary license. The Kansas Department of Revenue has a website where you can check the status of your driving privileges. However, every case is different, and you should contact a lawyer as soon as possible to discuss your unique situation.

How do you stop the automatic driving suspension from taking effect?

Filing an appeal of your license suspension within 14 days of your arrest leads to a special hearing where arguments are made to an administrative hearing officer from the Kansas Department of Revenue. Whether or not the suspension takes effect depends on the outcome of that hearing. In addition, a conviction for driving under the influence can cause a license suspension, even if the Department of Revenue Administrative Hearing Officer dismisses the original suspension proceedings. The State of Kansas effectively gets “two bites at the apple” when it comes to license suspensions and DUIs. Similarly, it is possible to have the criminal case against you dismissed, but for you to still lose your license if the Department of Revenue makes certain findings. Every case is as different as every client. Call JHC’s Wichita DUI lawyers, and we can talk about your specific situation.

Will I ever be able to drive again if my license is suspended?

In almost all cases, yes. The (effective) suspension period can range from a few days to several years. Once the suspension is lifted you might be required to have an interlock device installed in your vehicle for some period of time ranging from six months to several years. The length of a suspension, of any interlock requirements, and the nature of the interlock restrictions vary based on a few situations. Refusing to give a blood, breath, or urine sample to an officer when the officer was allowed to request such a sample can lead to a longer suspension and harsher interlock requirements. A blood alcohol content (BAC) sample measuring at greater than 0.15% can lead to a longer suspension or harsher interlock requirements. The length of a suspension and interlock requirement period increases significantly if there are prior incidents on a person’s record.

Do You Have a DUI Defense Attorney Near Me?

Joseph, Hollander & Craft maintains offices throughout Kansas. Our Wichita office is at 500 N. Market Street, with onsite parking available. You can also schedule a consultation at our offices in Overland Park, Topeka, Lawrence, and Kansas City, MO.