First-Time DUI in Kansas City
Penalties and Defenses for a First Conviction
If you have been arrested for
DUI and have no prior record, you face serious penalties which can cause major
disruptions in your life. Law enforcement has no tolerance for drunk drivers
and is cracking down to make sure that anyone caught the first time receives
sufficient punishment to prevent
subsequent DUIs. A first conviction for DUI will add a Class B misdemeanor to your criminal
record, cost you between $500 and $1,000 in fines, and send you to jail
for a period of 48 hours to 6 months.
In addition, you will lose your driver's license for a period of at
least 30 days and up to 1 year. When you do have your license reinstated,
you may be required to install an
ignition interlock system in your car to prevent you from driving drunk again. Finally, you
will be subject to a mandatory alcohol evaluation and counseling or treatment.
Whether you receive the heaviest penalties or are able to have the charges
reduced or dropped altogether depends in large measure on hiring an aggressive
Kansas City DUI attorney to represent you in court. Your
DUI sentencing can be influenced by many factors, such as the ability of your attorney
to persuade the judge that you would respond well to a
Attorney Steve Schanker is very familiar with how to successfully challenge the evidence, including
taking action for you in
unlawful police stops and
field sobriety test errors.
Can You Get a Diversion for a DUI in Kansas?
In Kansas, you can get a diversion for your first DUI. Diversion is a program
in which the defendant admits that they're guilty and agrees to be
supervised for a year and fulfill numerous conditions.If the diversion
goes well, the prosecutor will drop the case against you at the end of
the year period. After passing the diversion, you will not be found guilty
of the DUI and a conviction will not show on your record. Your driving
record will show that you wer charged with a DUI and that you completed
the diversion program. If you are ever charged with another DUI, the diversion
will be treated as a prior conviction and your new DUI will be treated
as a second offense. It is up to the prosecutor to offer you the diversion
program or not.
Expungement for a First-Time DUI
The Kansas Legislature has reduced the waiting period for the
expungement of a first-time DUI charge from 10 years to 5 years. If you are convicted
of a first-time DUI, my firm offers you assistance getting your charge expunged.
For the first offense in Kansas, you will need to wait for 5 years after
the completion of a diversion or probation period. For a second offense,
you will need to wait 10 years after completion of a diversion or probation
period. In Missouri, an expungement is only available for a first-time
offense and a first-time offender will need to wait 10 years after the
completion of a probation or jail sentence, whichever is later.
Need a Lawyer for a first time DUI/DWI in Kansas City?
Attorney Steve Schanker has defended numerous clients on DUI or DWI charges
in the Kansas City area and he is ready to meet with you one-on-one to
determine the best strategy for your case. He is licensed in Kansas and
Missouri and is very familiar with the DWI/DUI laws of both. Whether you
want to fight the charges in court or if you want to reduce the damage
by seeking a plea bargain, he will advise you about every course of action
available that could help you avoid the consequences of a guilty verdict.
Contact a Kansas City DUI attorney with a winning record to help you fight a first time DUI charge.