DUI laws changed July 1 please visit our web site Rilinglaw.com for updated information.

Kansas does not make a distinction between driving under the influence (DWI) and operating under the influence (OUI). If you have received a driving under the influence charge (DWI or OUI) in Kansas, we strongly advise you to see an attorney within ten (10) days of coming in contact with a police officer for driving under the influence. Most often you will have received a pink piece of paper known as a DC-27 form. Most driving under the influence cases involve two separate and distinct cases. The first is the criminal case, which proceeds in a criminal court ( Municipal Court or District Court). The second case is a civil action involving your driving privileges. The action is an administrative proceeding against your driving privileges brought before the Kansas Department of Revenue.

The administrative proceeding is full of pitfalls, and time limitations, which someone can easily miss who is not thoroughly familiar with the law. You must make a proper demand for a driver’s license hearing within fourteen (14) days of receiving the DC-27 form. Most of the time we recommend that the request include a request for an "in person" hearing, with the officer being subpoenaed to testify. Failure to go through this process in a timely manner will, more than likely, result in some type of driver’s license suspension. Driver’s license suspensions can range anywhere from thirty (30) days, with the balance of the year restricted, to a lifetime forfeiture of driving privileges. Driving is a privilege under our law not a right. You do not have a Constitutional right to drive a vehicle.

Kansas does not have hardship drivers’ licenses. The cold reality is that persons who have refused the breath test or taken a test, even on their first offense, may lose their driving privileges completely for a year. Consequently, it is very important that you do everything you can to make sure your rights are protected. The driver’s license hearing process is very technical in nature, and officers do make mistakes in the way they process cases. Those mistakes can result in someone keeping their license, who might have otherwise have lost the privilege to drive. The only way to insure that you defend a case properly is to seek the advice of a qualified attorney within the 10-day period after receiving the pink form (DC-27 form).

The criminal procedure in Kansas can vary among the 105 counties, and numerous cities, in the state. If a person has never been convicted or diverted of a driving under the influence charge and no one was injured in the incident which led to the charge, they are eligible for diversion. Diversion agreements are not what they used to be under Kansas law. These diversions count as a first offense, in the event another driving under the influence conviction occurs. Some rental car agencies ask about diversions on their applications, and some employers are requesting information about them. Given the trend nor steeper and steeper treatment of driving under the influence convictions or diversions, it is highly advisable that people exhaust all avenues before participating in a diversion. Certainly not everyone charged with driving under the influence is convicted. The prosecuting attorney must prove the elements of the driving under the influence charge beyond a reasonable doubt. In addition, legal defenses can be raised regarding the legality of the stop, whether the police officer gave the implied consent advisory, and other technical defenses that a lay person would not be aware to raise in their case.

Kansas courts have held that the law does not require that Miranda rights be read to a person before making a decision about whether or not to take a breath test. A common misconception among lay people is that police officers must read Miranda rights after an arrest. This is TV fiction. Miranda must be read before the police obtain an in custodial statement from a person. Kansas courts have held that a breath test is not a statement, nor are field sobriety tests. Kansas courts have held that there is no right to consult an attorney before making a decision of whether or not to take a breath test.

Driving under the influence is an extremely complex area of the law. If you are arrested of driving under the influence, or given a DC-27 form, you should immediately contact an attorney for advice. The consequences are too great in this area for people to represent themselves. Once a driver’s license is lost, or a plea or diversion is entered, there is very little likelihood that the damage can be undone.

In some cases, police officers may request a person to take a blood test. If you take a blood test, the results will not be available immediately. Blood tests can take several months to process. They send the tests to the Kansas Bureau of Investigation laboratory, where they are tested. You should still consult an attorney however, until you receive a pink sheet, or DC-27 form, your time to demand a hearing does not start. You should not wait until you receive a DC-27 or pink sheet. If you have had a blood test taken, you should contact an attorney and make an appointment as soon as possible.

The Kansas Legislature took away the right to expunge convictions or diversions for driving under the influence. Expungement rights normally attach at the time of conviction or diversion. Therefore if, at that time, you had a diversion or conviction, Kansas allowed expungement, you are still eligible to expunge your record for driving under the influence arrest and conviction, or a diversion. Given the trend of our legislature, it is extremely important that you expunge a driving under the influence conviction on your record if you can. --NOTICE: The information contained in this web site is intended to convey general information about Riling, Burkhead & Nitcher. This web site is not intended as an offer to represent you. We cannot accept representation in every case because of conflict of interest and other considerations. Should you choose to send e-mails to us you should be advised that this information is not considered to be confidential and does not create an Attorney/Client relationship. Information contained on this web site is for general information and should not be substituted for the advice of an attorney.-->

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