DUI/DWI/OUI
DUI is a unique crime in the United States in that people from all walks of life find themselves charged with DUI. You’d be surprised how many people you know including doctors, lawyers, company CEOs and even police officers have been charged with DUI sometime in their lives. If you’ve been charged with a DUI it doesn’t mean you’re a bad person. DUI charges are usually the result of a error in judgment. People typically don’t consciously drive under the influence of drugs and/or alcohol. Instead, people drive under the mistaken belief that they are “okay” to drive. Unfortunately, there isn’t any practical way for most people to know what their blood alcohol concentration is before they start driving. Advances in technology may solve that problem in the next few years but for the time being we have to rely on our own judgement and our family and friends to help us make good decisions about drinking and driving.
If you’re unlucky enough to have been arrest for DUI, there are some things you need to know right off the bat. In Kansas, as of July 1, 2011 a first offense DUI is a class B misdemeanor which carries a maximum sentence of 6 months in jail and a $1,000 fine. What makes a DUI different from other offenses is that a first offense DUI conviction carries a mandatory minimum sentence of 2 days in jail and a $750 fine. Unfortunately, if this isn’t your first DUI, the penalties will be worse if you’re convicted. Take a look at the chart I made showing the criminal consequences of a DUI to get a complete picture of the penalties.
There are also license consequences if you have been arrested for a DUI. It is very important for you to understand that the license consequences are separate and distinct from the criminal charges. Sometimes prosecutors dismiss DUI charges with the intent of refiling them at a later date. Chances are you’re still under a 14-day deadline to deal with the license consequences even if the criminal charges have been dismissed. Make sure to read the information I have on this website about the license consequences of a DUI.
If you’ve been charged with a DUI you’ll have to decide whether to take the case to trial, plead guilty (usually not a great option) or apply for diversion (only a option on a first offense DUI). There’s no way to know which option is right for you until we review the evidence in your case including the arrest report, arrest video and breath test records. I’ll get the evidence for you and make sure you have your own copies and chance to review it before we come up with a game plan on how to handle your case.
Don’t put off dealing with this, ignoring it won’t make it go away and could make it worse. Call me, Mike Clarke, if you’d like me to help you; my number is (785) 832-2181.
Disclaimer: No attorney-client or confidential relationship is formed by reviewing this website.
Copyright Clarke & Wilson, LLC 2011
Michael R. Clarke, Esq. is the attorney responsible for this website.
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