Facing DUI charges in 2024 can be an intimidating experience. If you are convicted of driving under the influence, you could face incarceration, fines and administrative penalties that can last for a year or longer. This can significantly affect your personal life and ability to hold a job or go to school.
The outcome of your case can depend on having a skilled DUI lawyer in Wichita defending your interests. Take a look at this list of the best DUI lawyers in Wichita who can assist you in successfully resolving your case.
Best Wichita DUI Lawyers
Compare Top Wichita DUI Attorneys
DUI Laws in Wichita, Kansas
It is important to remain abreast of the current DUI laws in Kansas and the laws relating to impaired driving. The current status of the law is as follows.
Legal Blood Alcohol Concentration (BAC) in Kansas
Drivers in Kansas are legally considered “under the influence” if the alcohol concentration in their blood or breath is 0.08% or greater. With an alcohol concentration at or above this level, the law presumes that you are too impaired to drive safely. A court can find you guilty of DUI at this alcohol level, even if you showed no signs of impairment.
Just because your alcohol concentration is below this limit does not mean you are safe from prosecution. You can be charged with and convicted of DUI with any amount of alcohol in your system if the prosecution also proves that the alcohol made you too impaired to drive safely.
Implied Consent Laws in Kansas
The law in Kansas says that if you are driving on a Kansas road and a police officer has reasonable grounds to believe you are under the influence, that officer can ask you to submit a breath, blood or urine sample for testing. By choosing to use Kansas’ roadways, you have implicitly consented to this testing. This is known as the implied consent law.
If you refuse to provide a sample, the State may suspend your driving privileges for one year, be required to have an ignition interlock device for two years and face a reinstatement fee.
DUI Penalties in Kansas
Kansas DUI penalties include jail or prison time, fines and other collateral consequences. These penalties are summarized in the following table:
Number of DUIs / Penalties | Jail / Prison Time | Fines | License Suspension | Interlock Period |
---|---|---|---|---|
First DUI
|
Between 48 hours and six months
|
Between |
Between |
Between six months and two years
|
Second DUI
|
Between 90 days and one year
|
Between |
One year
|
Between one year and three years
|
Third DUI |
Between 90 days and one year
|
Between |
One year
|
Between two years and four years
|
Third DUI |
Between 31 and 46 months
|
Up to $100,000
|
One year
|
Between two years and four years
|
Fourth and Subsequent DUI
|
Between 31 and 46 months
|
Up to $100,000
|
One year
|
Between three years and five years
|
Whether a DUI is a first, second, third or fourth offense depends on the number of prior DUI convictions and diversions. All Kansas diversions and all convictions for DUI or similar offenses from any jurisdiction are counted so long as they occurred on or after July 1, 2001.
A court will look at the date the prior offenses occurred to determine whether a third offense is a misdemeanor or felony. If at least one of the prior offenses occurred within 10 years of the current third offense, then the present offense is a felony.
In addition to fines and incarceration in county jail or the Kansas Department of Corrections, DUI consequences include suspension of driving privileges and requiring you to drive a vehicle equipped with an ignition interlock.
What To Expect After a DUI Arrest in Kansas
After a police officer arrests you for DUI, they will take you to the local county jail for further testing and processing. The officer can ask you to give a breath, blood or urine sample so law enforcement can test for the presence of alcohol. If you refuse, the officer may get a warrant and have a blood sample involuntarily drawn from you.
Jail staff will then book you into jail, after which you can post bond and be released. When you do, jail staff may give you a court date to appear. Alternatively, you might receive paperwork later telling you when your case is scheduled for court.
How Can a DUI Lawyer in Wichita Help You?
Your Wichita DUI lawyer will begin by examining why the officer stopped your vehicle and the investigation they performed on the side of the road. Any violations of your constitutional rights could lead to a dismissal of your charges.
Next, the attorney will examine the prosecution’s evidence of impairment. Any questions about the reliability of how your breath, blood or urine sample was collected or analyzed could be grounds for challenging the result of such tests.
You can also expect your Wichita DUI lawyer to appear with you at all hearings and represent your interests to the court. Your attorney can argue for less restrictive bond conditions, challenge the admission of unfavorable evidence and explain the circumstances of your DUI charge to the judge or jury.
How To Find the Best DUI Lawyer in Wichita, KS
Finding the best DUI lawyer to handle your case may take effort and investigation. When meeting with attorneys, consider each lawyer’s:
- Experience. While the number of years of practice is important, so is how many DUI cases they regularly handle. Because DUI laws in Kansas can change, you want an attorney whose practice includes handling recent cases.
- Outcomes. No attorney can guarantee a certain outcome in your case. However, the results a Wichita DUI lawyer has achieved for other clients in similar circumstances can give you an idea of how your case could end.
- Price. Look for a Wichita DUI lawyer whose fees are easy to understand and fit your budget. The best Wichita DUI lawyer is not always the most expensive.
In addition, your attorney should take the time to listen and address your concerns. Do not be discouraged if it takes you some time to decide on the most appropriate attorney to represent you.
Our Methodology for Finding the Best Wichita DUI Attorneys
Forbes Advisor considered many factors to determine the best DUI lawyers in Wichita of 2024. Its mathematical analysis considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.
Within the model, we take into account factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:
- Legal experience
- Special licenses and certifications
- Ethics and bar disciplinary measures
- Legal thought leadership
- Education and employment background
- Scholarly lectures and writings
- Awards and honors
Forbes Advisor collects public data from a variety of sources, including state bar associations, court records and other published sources on the internet. However, this information should not be considered comprehensive. It might not include additional relevant information on an attorney’s legal skills and experience.
Each lawyer listed here has their own merits. Bear in mind that our list relates to these lawyers’ legal backgrounds but does not evaluate their personalities or their knowledge of the law. One attorney may be more suitable than another for your specific legal situation.
One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when going through a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.
Frequently Asked Questions (FAQs) About Wichita DUI Lawyers
What is the penalty for a first-time DUI in Wichita?
First-time DUI offenders can expect a jail sentence of between 48 hours and six months in jail. You will also be fined between $750 and $1,000. In addition, you can expect your license to be suspended for a period of time and have to have an ignition interlock device installed on your vehicle.
Can your Wichita DUI charges be dismissed?
Kansas law prevents prosecutors from dismissing your DUI charge (it can’t be pled down to a lesser charge) unless there is insufficient evidence available to prove it. Thus, if your attorney successfully excludes evidence, the prosecution needs to prove you were under the influence, or your DUI charge could be dismissed. However, Kansas does have a diversion program that will allow the case to be dismissed after a year if you complete the program.
What is the difference between DUI and DWI in Kansas?
In Kansas, you are driving under the influence (DUI) or driving while intoxicated (DWI) if your alcohol concentration is over 0.08%. You are also considered to be DUI/DWI if you have consumed any alcohol or drugs and are unable to drive your vehicle safely. There is no difference between DUI and DWI in Kansas.