Archive for the ‘Kansas DUI FAQs’ Category

Holidays and DUIs

Wednesday, December 21st, 2011

Every year we can be certain of a few things such as birthday days, being paid, and having to pay bills. With our lives already busy, and the United States trying to steadily recover from an economic recession many people are caught “down in the dumps”. However, one thing can be certain that every year holidays not only come, but usually turn frowns upside down in order to turn situations and attitude brighter and better. We travel from place to place in order to see our family, friends, and loved ones. Yet, one thing that we can be sure will not change is law enforcement presence on and off the roadways.

We can all assume that holidays bring on enormous amounts of traffic from place to place. People would like to think that all of these roadways are filled with safe drivers that are just trying to get from location to location without an issues, but that assumption can never be certain. DUIs are not on holiday during that which everyone else is. Holidays are actually a prime time when actual DUIs occur with so many festivities occurring.

People could easily go to a company Christmas party and toss back a beer, and maybe a few seasonal cocktails with work associates and feel nothing and assume they are fine to drive home. However, assumptions like that can easily end in a present no one wants, injury or even death. Drivers often make the hasty rationalization that since they only had one or two drinks it will be okay to make a short drive home. Wrong. These are the ideas that people who usually get charged, and convicted of DUIs have and inevitably regret in the long run.

Holidays are a time for everyone to be rejoicing and celebrating the reason of the season with those that they are about so make making memories that will last a lifetime. But, memories do not make themselves and require the presence of the person to work. If you’re too busy drinking and driving how to do you expect to have those memories now and later?

At The DUI Clinic, we like to say that friends don’t let friends plead guilty. While many people who have been charged with a DUI are proven guilty, many are not. We can help you level the playing field and get the best results for you. Our goal is to minimize the impact of a DUI charge on your life. Call us today at 888-4-DUI-CLINIC to get you started on your DUI case now.

DUI Penalties in Kansas: New and Improved

Tuesday, November 22nd, 2011

Everyday we make a decision one way or another. We chose to wake up, go to work or school, the food we eat, if we exercise or not, and when we go to bed. It is a process that repeats itself everyday. Life is completely about the choices that we make from their start to end.  It is also expected in life today that an individual will consume some form or another of alcohol. From there, depending on the setting, the individual will make the choice of either driving home, or relying on another to get them from point A to point B. However, many times people think that they are not truly at the level of intoxication that they are, or simply just not too bright when it comes to drinking and driving.

This past year within Kansas, driving while under the influence of alcohol penalties have increased greatly. A first offender can get there license taken away for at least 30 days in their results from a breathalyzer test state that a blood alcohol content (BAC) level of .15% or lower. Unlike other states, Kansas has instated these suspended driver’s license initiatives in order to help make the state not only safer, but decrease the likelihood of an individual driving who has had one too many drinks, or any for that matter.

A person who receives an additional breathalyzer test with the same, or greater results will have a suspended license for at least up to a year, which at times can be extended within the court of law by a judge. If an individual blows results within a breathalyzer test, that of a .15% or higher, their license will be taken for a year of suspension their first time. Also, they will be responsible after they are given their license back for driving in a vehicle equipped with an ignition interlock system, which is basically a self administered breathalyzer test.

Eventually, after a driver reaches five infractions with the law, their license will be removed from them permanently and from there will have more issues than just drinking and driving to deal with. When it comes to drinking people like a lot of variety. From mixed drinks, to cocktails, and even to decorative holiday drinks people enjoy having fun when drinking. Yet, one thing for certain does not go while with alcohol at all and that is driving.

At The DUI Clinic, we like to say that friends don’t let friends plead guilty. While many people who have been charged with a DUI are proven guilty, many are not. We can help you level the playing field and get the best results for you. Our goal is to minimize the impact of a DUI charge on your life. Call us today at 888-4-DUI-CLINIC to get you started on your DUI case now.

New Way to Check License Status in Kansas

Thursday, September 22nd, 2011

Having your license suspended is a very sticky situation. It poses many inconveniences as well as imparts new hassles that were not there before. There is a new addition on the Kansas Department of Revenue’s website that lets drivers check their driver’s license status through their website. This is increasingly helpful because a new law has created a lot of misunderstanding in this area. This law lets people with suspended licenses get a restricted license after 45 days.

The restricted license requires an ignition interlock device for the purpose of driving to and from work. And ignition interlock device is similar to a breathalyzer. It attaches to the inside of the car, and the driver must breathe into it before the car starts. If the driver’s blood alcohol level is above a certain percentage, the car will not start. The device also does periodic breath checks throughout the trip to make sure someone else did not take the test for the driver. Because this feature was added to the website, thousands of people have filed to receive these licenses with ignition interlock devices.

The Department of Revenue is not getting back to people who apply for these restricted licenses immediately. It has taken as long as 45 days for most people to get a lettered response from them. This letter gives them permission to get an interlock device installed as well as provides a section to be filled out and returned to the KDR. This online feature of the website is especially helpful to busy drivers who need their life back. It allows drivers to keep track of where they are in the process to get their license reinstated. You can only get a restricted license if your license was revoked for a DUI charge. This feature is not limited to drivers that live in the state of Kansas. It extends to out of state drives as well. Drivers who are not from Kansas that are charged with a DUI can also check their status online. When someone from another state gets a DUI in Kansas, a Kansas driver’s license number is created for that person. This information can be found through contact with the Kansas Department of Revenue.

At The DUI Clinic, we like to say that friends don’t let friends plead guilty. While many people who have been charged with a DUI are proven guilty, many are not. We can help you level the playing field and get the best results for you. Our goal is to minimize the impact of a DUI charge on your life. Call us today at 888-4-DUI-CLINIC to get you started on your DUI case now.

What are “points”?

Wednesday, December 15th, 2010

All 50 states have a “Point System” for determining when a driver’s license suspension and revocation should be triggered. Conviction of any traffic offense or disregard for any traffic law violations will result in the assessment of Points which accumulate over time.  Points go on your drivers’ record. If your driver’s license reaches a certain number of points,  your driver’s license will be suspended and/or revoked.

What Happens If I Refuse A Missouri DWI Alcohol or Drug Test?

Sunday, December 12th, 2010

Missouri DWI Alcohol/Drug Test Refusals

Missouri’s Implied Consent Law mandates that a driver submits to an alcohol and/or drug test when requested by a Missouri law enforcement officer. If the driver does refuse to submit to alcohol or drug testing, the driver’s license is automatically revoked for one year.

Initial notice of the refusal should be served by the arresting officer. The officer completes and sends information to the Department of Revenue utilizing an Alcohol Influence Report form. The arresting officer will take possession of any valid Missouri driver license the driver has in his or her possession and issue a 15-day permit, if applicable. Any continued driving beyond the initial 15-day period must be pursuant to a court issued stay order. The stay order will temporarily suspend the revocation until the case is settled.

If the court upholds the arrest, the driver serves any remaining time for the original revocation period and must meet the reinstatement requirements. If the court overturns the arrest, the revocation is canceled and the license is returned, if applicable.

If you would like free legal advice concerning your Missouri DWI test refusal case, call 1-888-4-DUI-CLINIC to speak with a Kansas City DWI attorney for free.