Repeat DUI offenders in Kansas could be placed in a 24-7 sobriety program aimed at both punishing offenders and treating chronic violations. The program is being explored by the Kansas Attorney General and aims to keep state highways safe while clearing space in Kansas jails.

While Kansas public policy currently focuses on enforcing drunk driving laws and keeping offenders out of their cars, it fails to address the underlying causes of DUI by changing behavior. That, according to the Kansas AG, should be the focus of change.

Under the proposed law, repeat DUI offenders would be required to submit to twice-a-day breathalyzer tests to ensure sobriety throughout their probationary period. Defendants in the program would need to travel to a designated location to take the tests.

Should the defendant test positive for any amounts of alcohol, they would be sent to jail for at least 12 hours. Subsequent violations would result in longer jail terms. Program members without a means of transportation would be allowed to test only twice a week and wear an electronic monitoring device.

Kansas DUI program may follow models in other states

Three other states, South Dakota, North Dakota, and Minnesota, have similar 24-7 sobriety programs, which have had positive results. The first 24-7 sobriety program started as a five-county pilot program in South Dakota, which was eventually adopted statewide. According to one South Dakota judge, the program has since paid for itself and required no continuance of state funding since its initial grant.

While some are championing the proposed program as a cost-cutting and behavior modifying tool to combat DUI, some DUI victim advocacy groups are weary the program may replace other programs they see as important to DUI fatality prevention. One member of Mothers Against Drunk Driving hopes the 24-7 sobriety program does not replace the ignition interlock system designed to keep DUI offenders from getting behind the wheel of their vehicles.

Olathe DUI attorneys

With decades of experience working as a Johnson County prosecutor and Kansas District Attorney, Paul Morrison’s unique perspective gives him invaluable insight into these types of cases. For a consultation about your case, contact our office, or call us (913) 780-6666. The Morrison Law Firm, LLC serves clients throughout Olathe, Overland Park, Kansas City, Leawood, Lenexa, Merriam, Mission, Shawnee and Westwood as well as Johnson County, Douglas County, Jackson County, Leavenworth County and Miami County, Kansas.

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About 150 law enforcement agencies across Kansas will take part in enhanced efforts over the next several weeks to crack down on drunk drivers across the state. The effort is being funded in part by the Kansas Department of Transportation under the nationwide “You drink. You drive. You lose” campaign aimed to raise awareness about the impact of drunk driving and lockup drivers suspected of driving under the influence (DUI).

The program’s strength includes putting more police officers on the state’s roads and highways to aid in interdiction efforts and project a seriousness about the issue of drunk driving. Additionally, the campaign attempts to reach people on a personal level, telling stories of families affected by drunk driving and why everyone should take the issue seriously.

Kansas DUI accident statistics

In 2015, Kansas saw approximately 1,300 DUI-related injuries and 75 deaths. Those numbers break down to five injuries every day and one death every three days across the state. While traffic fatalities as a whole have gone down over the last 30 years, DUI fatalities still account for about one-third of highway deaths each year.

To help crack down on these senseless deaths, jurisdictions across the state are reminding drivers to plan ahead if they drink, consider the impact of drinking and driving on their families, and know there are steep fines and jail time for DUI arrests.

Kansas DUI laws

Under Kansas law, it is illegal to operate a motor vehicle with a blood alcohol concentration (BAC) of 0.08 percent or higher. Penalties for even a first-time DUI include a minimum jail sentence of two days, fines between $750 to $1,000, and license suspension for up to 30 days.

Furthermore, a DUI conviction could result in the driver having to pay for an ignition interlock device (IID) to be installed in their vehicle. An IID is essentially a breathalyzer inside the vehicle drivers must blow into to start their vehicles; furthermore, drivers may even need to take part in a “rolling retest” where they must pull over and activate the breathalyzer again.

Olathe DUI attorneys

If you were charged with DUI in Kansas, contact the Morrison Law Firm, LLC for a consultation about your case with one of our experienced Olathe DUI attorneys. As a former District Attorney with 18 years of experience prosecuting criminals, Paul Morrison understands what it takes to defend the rights of the accused and ensure justice is served. Call us at (913) 780-6666.

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A Kansas Court of Appeals recently handed down a significant ruling allowing evidence deemed unconstitutional by the Kansas Supreme Court to be admitted at trial for a man arrested for suspicion of DUI back in September 2013. The U.S. Supreme Court is currently taking up the matter itself, setting the stage for a potentially groundbreaking precedent.

In September, a Salina police officer pulled over the defendant after failing to properly use his turn signal. Upon making contact with the defendant, the officer initiated a field sobriety test on the suspicion the suspect was driving under the influence, who later gave a blood alcohol test at the police station which determined his BAC (blood alcohol concentration) was .139.

Under the now defunct Kansas DUI arrest law, individuals placed into custody on suspicion of the offense must have been informed that their refusal to submit to a BAC test may incur criminal charges. In February 2016, the Kansas Supreme Court ruled the practice unconstitutional and the procedure for testing BAC was changed.

Kansas Court of Appeals Hands Down Mixed Rulings on DUI Arrests

The defendant’s attorney asked the court to rule his client’s consent was coerced and therefore inadmissible based on the new DUI laws. However, the justices on the Kansas Court Appeals hearing the case ruled that since the law was struck down after the suspect’s arrest, the evidence may be admitted in this trial under “good faith exceptions.”

The court decided that since the officer did not know the procedure would be ruled unconstitutional, the evidence stands. Recently, the Court of Appeals handed down another pair of rulings pertaining to when officers have reasonable suspicion to initiate BAC tests on DUI suspects.

In April 2016, the appeals court ruled that despite a suspect’s disheveled appeared and possessing an open container of alcohol, the arresting officer did not have reasonable suspicion to order the BAC test. This ruling was based on a precedent set in 2015 when a Kansas DUI arrest was overturned after a suspect was given a BAC after passing a pair of field sobriety tests.

Contact An Olathe DUI Lawyer

Having the right Olathe DUI lawyers on your side can make all the difference between walking free and being hit with a huge fine and possible jail time. As a former Attorney General for the state of Kansas and Johnson County District Attorney, Paul Morrison understands what it takes to get justice for his clients. To Contact the Morrison Law Firm, LLC for a free consultation about your DUI case call (913) 780-6666. 

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The city prosecutor for Galena, Kevin Cure, recently resigned from his office after being arrested for driving under the influence (DUI) for the second time in as many years. Cure had been the city’s prosecutor since 2004 and his last arrest for DUI was in March 2014.

Cure’s case began after being approached by officers in a parking lot outside a restaurant in Joplin, Missouri. Police received a report of an intoxicated individual in the area and moved to prevent the 52-year-old former prosecutor from operating his vehicle.

A passenger in Cure’s vehicle also faces charges for attempting to interfere with the administration of a breathalyzer by police. According to police, the female passenger refused to remain in the vehicle while police conducted their investigation.

Kansas DUI Penalties

Cure faces a misdemeanor DUI charge, which carries a maximum fine of $500 and up to 100 days in jail if convicted under Missouri law. Cure’s arrest should be taken as an example that law enforcement takes DUI cases very seriously, no matter if the suspect is a law enforcement official as well.

Cure may be fortunate due to the fact his second DUI arrest was out of state and not in Kansas. Under Kansas DUI laws, penalties for repeat DUI convictions increase substantially. Fines and jail time for even first-time offenders in Kansas are substantially higher in some aspects compared to neighboring Missouri.

• First offense – Minimum two days in jail, fine between $750 to $1,000, 30-day license suspension
• Second offense – Minimum five-days in jail and up to one year, fines between $1,250 to $1,750, one-year license suspension
• Third offense – Minimum 90-days in jail and up to one year, fines between $1,750 to $2,500, one-year license suspension
• Fourth offense – Minimum 90-days in jail and up to one year, $2,500 fine, one-year license suspension

In addition to fines and jail time, suspects convicted of DUI may also have to install an Ignition Interlock Device, which requires drivers to blow into a breathalyzer device in order to operate the vehicle. The car will only start if no alcohol is detected in the driver’s system. 

Kansas DUI attorneys

If you or someone close to you is facing DUI charges in Kansas, contact The Morrison Law Firm for a consultation about your case. Our Kansas DUI attorneys have years of experience handling these cases and can help ensure you legal rights are preserved. 

The post Galena City Prosecutor Resigns After Second DUI Arrest appeared first on Paul Morrison Law.

Driving under the influence is a very serious charge. In Kansas, drivers pulled over with a blood-alcohol concentration (BAC) of 0.08 percent or higher may be arrested for DUI and taken to jail. When pulled over for suspicion of DUI, drivers are often asked to submit to field sobriety and chemical tests to determine if they consumed alcohol beyond the legal limit before getting behind the wheel.

In these situations, drivers often wonder what if any there legal rights are to refuse these procedures and spare themselves from self-incrimination. Drivers need to understand they may face serious penalties either way if they refuse or submit to field sobriety tests.

Kansas implied consent laws

While many drivers feel they have a Fifth Amendment right to refuse DUI field sobriety tests, the fact of the matter is that Kansas has implied consent laws. What this means is that when you receive a driver’s license, you automatically give the state advanced permission to test you for suspicion of DUI if pulled over.

If the police have probable cause, they may ask you to submit to multiple DUI tests. Kansas DUI tests may include:

• Field sobriety tests  – Walk and turn test, standing on one leg, or horizontal gaze nystagmus test
• Chemical tests –  Breath, urine, or blood analysis

Refusing to take DUI tests

Under Kansas law, DUI suspects who refuse to take field sobriety and/or chemical tests may be subject to further penalties. While authorities usually do not force suspects to submit to blood, breath, or urine tests, the threat of further punishment usually compels suspects into doing so.

Penalties for refusing DUI tests include:

The Kansas Supreme Court recently ruled suspects cannot be criminally charged for refusing to submit to DUI. However, suspects nonetheless may still have their driver’s license revoked and forced to pay costly reinstatement fees.

Overland Park DUI attorneys

If you were charged with DUI, contact The Morrison Law Firm, LLC online for a consultation about your case or call (913) 780-6666. As a former District Attorney with 18-years of experience prosecuting criminals, Paul Morrison understands what it takes to defend the rights of the accused and ensure justice is served.

The post If I Am Stopped By The Police For Drunk Driving, What Tests May They Force Me To Take? appeared first on Paul Morrison Law.

Getting arrested for a DUI without having had a drop of alcohol happens! In a DUI case a woman acting as the designated driver was pulled over and arrested for a DUI. Later the charges were dropped due to her blood alcohol level being zero. However, this isn’t an uncommon occurrence. With cops cracking down on DUIs, a rise in false arrests occur as well.

How can you be arrested for a DUI without consuming alcohol?

Often times, an officer is mistaken in their assumption. Other factors may heavily influence whether or not they believe you were drinking, such as:

• Blood shot eyes from dry contacts
• Slurred speech from dentist work or being tired (or even a speech impediment)
• If you ran a red light due to being distracted by conversation
• Not performing well on field sobriety tests because of lack of communication in the directions of the test.
• Being the designated driver (like in the above case) and having pre-made judgments that you must also be drinking
• The alcohol smell from driving other individuals clinging to you or the car when an officer pulls you over.
• Having had alcohol spilled on your clothes so it is pungent in smell
• Having a flushed face, or even a sunburn

Essentially any reason the officer may have to assume a DUI is a possibility for a DUI arrest.

Challenge Your Kansas DUI

It’s important to understand that you are still able to fight a DUI, especially in the case that you were not drinking. Offering valid reasons for why the officer may have made the assumption of DUI will help build your case. As well as having eyewitnesses having seen you sober or not drinking before you got into the car.

Contact your Johnson County and Kansas City Area Attorney

Kansas is not kind to those who receive a DUI. Paul Morrison has professional experience with DUI as a Johnson County District Attorney and Kansas Attorney General, playing a role in reviewing DUI sentencing guidelines and policy. Now this knowledge is used on behalf of clients. Call Morrison Law Firm, LLC at (913) 780-6666 to schedule a free consultation.

The post Ways You Can Be Arrested For A DUI Without Consuming Alcohol appeared first on Paul Morrison Law.

Like any state, people arrested for a DUI in Kansas are by default subject to criminal prosecution. However, a first time offender who harmed no one in the events leading to their arrest has the option to enter the state’s diversion program, which will completely dismiss all charges if completed. This program is unlike any other in the United States, and it is highly recommended that any first time DUI offender try to participate. There are no restrictions based on BAC levels.

How it Works

Kansas’ diversion program is essentially a contract between the individual and the state to participate in drug/alcohol education or treatment, maintain sobriety, and typically participate in community service programs. The fines associated with a DUI remain in place. Kansas’ diversion program greatly resembles probation at the surface, but if successfully completed, the DUI itself is dismissed, and the offender will not have a conviction on their record. If the offender is unable to follow the rules of the program, the charges against them will be immediately reinstated, no matter what stage of progress the offender was at, or how long they had been in the program.

Applying

Participation in the diversion program is at the behest of the prosecutor assigned to the case. The offender typically has to admit guilt in order to even be considered, and then agree to be under supervision and restrictions for a full year. Like any criminal proceeding, securing entry into the diversion program is best handled by a lawyer who knows the ins and outs of the process. The prosecution has complete control over whether or not the diversion option is put on the table, and they can deny it at their own discretion. It is important that the offender appear competent and willing to take the program seriously.

Get the Help You Need

If a case is mishandled, the penalties and fines for a DUI are personally and financially severe. Hiring an attorney will bring expertise and resources to your disposal that individuals cannot on their own. Call (913)780-6666 to get help now.

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