What charges am I looking at for my DUI?

   You are facing jail time, fines, and possible further loss of license. As for your license, I would immediately request an administrative hearing to contest your pending license suspension. Assuming your license is valid now, this will stay any possible suspension, at least until the hearing date.

   As for diversion, only first time offenders may be eligible. I would suggest looking into diversion as a last, not first, resort. I want to see if my clients have a viable defense first. I want to see the police report and arrest videos to be sure the police acted legally. If not, I would file motions to dismiss or to limit evidence.

  I would suggest you speak with an attorney before you enter a plea. Feel free to contact me if you want to look into this further.

Sean Santoro/Licensed in KS and MO

When is a driver considered to be legally drunk in Kansas?

• Non-commercial drivers age 21+ are considered legally drunk when their blood alcohol level is .08 or more.
• Drivers of commercial vehicles are legally drunk when their blood alcohol level is .04 percent or greater. In Kansas, school bus drivers are commercial drivers.
• Drivers under 21 are legally drunk when their blood alcohol level is .02 or more.

Penalties for Drunk Driving in Kansas

• Punishment for first-time offenders is a term of imprisonment of 48 hours to six months. First-time offenders must also pay a fine ranging from $500 to $1,000. These offenders must serve at least 48 consecutive hours of imprisonment or 100 hours of public service either before, or as a condition of, any grant of probation or suspension, reduction of sentence, or parole. First-time offenders must also enroll in, and successfully complete, an alcohol and drug safety education and/or treatment program. The driver’s license suspension period is 30 days. Following the suspension, these offenders will be required to drive on a restricted license for 330 days. A judge will determine what type of restriction to put on the offender’s license after considering the circumstances surrounding the conviction.

Drivers Under 21

In addition to other penalties that may apply, drivers under 21 who fail a blood alcohol test will receive a one year driver’s license suspension.

There may be programs for you and I suggest hiring a lawyer to help you here, especially if you are a first time offender.