Greenwood county kansas drunk driving attorney
At the hearing, a number of issues can be raised in your, defense - depending on the facts of your case - including whether or not the officer had reasonable grounds to believe that you were operating or attempting to operate a vehicle while under the influence of alcohol or drugs, whether you were given the legally required notices, whether your actions constituted a legal refusal to take the test, whether the testing equipment and the officer operating the machine were certified by the Kansas Department of Health and Environment KDHE , whether the testing procedures were in substantial compliance with KDHE rules and regulations, whether the test result was.
Again, it is extremely important to request the administrative hearing within 10 days. Failure to do this will result in the suspension of your driving privileges without a hearing.
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Kansas DUI cases in criminal court may result in fines, potential jail time, suspension of your driving privileges, and the potential impoundment of your vehicle. The amount of fine and the length of the jail sentence are determined, in large part, by whether you have previously been convicted, or placed on diversion for a Kansas DUI. It no longer matters whether a prior conviction was within five years.
The potential sentence is 48 hours to six months in jail. The person must serve at least 48 hours, unless the court orders order that the person complete hours of community service instead of the term of imprisonment.
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Upon a first conviction, driving privileges are suspended for 30 days, followed by days of restrictions. The potential sentence is 90 days to one year in jail.
The person must serve at least five days, but after 48 hours the judge can order that remainder of the sentence be served on house arrest or in a work release program. Completion of a substance abuse treatment program is required. Upon a second conviction, driving privileges are suspended for one year followed by one year of interlock restrictions. The sentence includes 90 days to one year in jail. Ninety days imprisonment is mandatory, but after 48 hours in jail, the judge can order that the remainder of the sentence by served in work release or on house arrest.
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Upon a third conviction, driving privileges are suspended for one year followed by one year of interlock restrictions. Like a third conviction, there is a minimum sentence of 90 days.
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A person convicted of a fourth or subsequent DUI, however, must serve 72 hours in jail and then may be placed in a work release program. Upon a fourth conviction, driving privileges are suspended for one year followed by one year of interlock restrictions. If there is a fifth conviction, driving privileges are permanently revoked. Based in Emporia, we work with individuals and businesses throughout Eastern Kansas and Nebraska.
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