Standing by the Rights of Individuals
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DUI

Driving Under the Influence of Alcohol or Drugs

At my firm, John W. Kerns, L.L.C., I have gained years of quality and effective experience defending individuals accused of driving while intoxicated. Put my experience to work for you.

A breath or blood test is the strongest evidence law enforcement utilizes when investigating DUI cases. The Kansas Department of Health and Environment provides guidelines which law enforcement officers must substantially comply. Errors in administrating breath or blood tests can impact the result provided. If the procedure is compromised the result cannot be relied upon. In scientific terms it's garbage in garbage out. 

Administrative hearings are necessary to determine if your drivers license becomes suspended as a result of a DUI arrest. Even if your DUI criminal case is dismissed or you are acquitted, you still face the possibility of suspension.

If you case is not suitable for trial or plea, or motions to suppress or dismiss are not applicable, municipals courts and the state of Kansas provides a diversion program for those who qualify. A defendant must admit they are guilty, obtain a drug and alcohol evaluation and follow its recommendations, fulfill certain requirements, pay a significant diversion fee and agree to be supervised for 12 months. If all the requirements are met the prosecutor will move to dismiss your case. Although your case is dismissed the charge may still show on your record, and if you're arrested for another DUI it should be charged as a DUI 2nd.  A diversion agreement is a contract between the client and the prosecuting agency. The prosecutor can accept or deny you at their discretion. Diversion may be denied if a previous arrest or conviction exists. You may be denied diversion if you were in an accident and will be denied if you were driving with a Commercial Drivers License. Diversion application may be your best option if the evidence against you is strong. However, one should always meet with an experienced DUI attorney since a seemingly strong case for the prosecution can be won by an attorney who knows what to look for. After a complete investigation of your case you can choose to apply for diversion if eligible and I can guide you through the entire process.

In Kansas, a first conviction for DUI is a Class B misdemeanor which carries:

  • 2 days - 6 months in jail or 100 hours of community service
  • $750 - $1000 fine
  • completion of an alcohol and drug evaluation and its recommendation

A second DUI conviction is a class A misdemeanor which carries:

  • 5 days - 12 months in jail
  • $1,250 - $1,750 fine
  • completion of an alcohol and drug evaluation and its recommendation

A third DUI conviction is a class A misdemeanor (a 3rd offense within 10 years of a prior DUI is a Felony) which carries:

  • 90 days - 12 months in jail
  • $1,750 - $2,500 fine
  • completion of an alcohol and drug evaluation and its recommendation

A fourth DUI conviction is a Felony which carries:

  • 90 days - 12 months in jail
  • $2,500
  • completion of an alcohol and drug evaluation and its recommendation