At the law office of O’Hara & O’Hara L.L.C. we represent clients who are arrested, cited, charged, or indicted for DUI/Driving Under the Influence crimes. We pride ourselves on offering professional attention to every case. Our lawyers are experienced and aggressive in DUI/Driving Under the Influence cases, and are not afraid to fight for our clients. We have been fighting for our clients for over 60 years.
We know how important it is for an individual to avoid a criminal record which could affect their career regarding Driving Under the Influence cases. Our Attorneys provide our clients with smart, zealous, dedicated, caring, and hardworking representation.
We handle Driving Under the Influence cases in City, State, and Federal Courts throughout the State of Kansas. Our office is located in Wichita, Kansas. We work hard to protect the rights and the futures of our clients.
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Kansas Aggressive DUI/Driving Under the Influence Defense
At O’Hara & O’Hara L.L.C. one of our areas of focus is DUI/Driving Under Influence Defense law. DUI/Driving Under the Influence offenses can be complex and provide many legal issues. Our lawyers provide experienced, aggressive, and intelligent representation to our clients. The following is the DUI/Driving Under the Influence statute for the State of Kansas:
8-1567. (a) [D> No person shall operate or attempt <D] [A> Driving under the influence is operating or attempting <A] to operate any vehicle within this state while:
(1) The alcohol concentration in the person’s blood or breath as shown by any competent evidence, including other competent evidence, as defined in paragraph (1) of subsection (f) of K.S.A. 8-1013, and amendments thereto, is .08 or more;
(2) the alcohol concentration in the person’s blood or breath, as measured within [D> two <D] [A> three <A] hours of the time of operating or attempting to operate a vehicle, is .08 or more;
(3) under the influence of alcohol to a degree that renders the person incapable of safely driving a vehicle;
(4) under the influence of any drug or combination of drugs to a degree that renders the person incapable of safely driving a vehicle; [D> or <D]
(5) under the influence of a combination of alcohol and any drug or drugs to a degree that renders the person incapable of safely driving a vehicle [D> . <D] [A> ; or <A]
[D> (b) <D] [A> (6) <A] [D> No person shall operate or attempt to operate any vehicle within this state if <D] The person is a habitual user of any narcotic, hypnotic, somnifacient or stimulating drug.
[D> (c) If a person is charged with a violation of this section involving drugs, the fact that the person is or has been entitled to use the drug under the laws of this state shall not constitute a defense against the charge. <D]
[D> (d) <D] [A> (b) (1) <A] [D> Upon a first conviction of a violation of this section, a person shall be guilty of <D] [A> Driving under the influence is: <A]
[A> (A) On a first conviction <A] a class B, nonperson misdemeanor [D> and <D] [A> . The person convicted shall be <A] sentenced to not less than 48 consecutive hours nor more than six months’ imprisonment, or in the court’s discretion 100 hours of public service, and fined not less than [D> $ 500 <D] [A> $ 750 <A] nor more than $ 1,000. The person convicted [D> must <D] [A> shall <A] serve at least 48 consecutive hours’ 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. [A> The court may place the person convicted under a house arrest program pursuant to section 249 of chapter 136 of the 2010 Session Laws of Kansas, and amendments thereto, to serve the remainder of the minimum sentence only after such person has served 48 consecutive hours’ imprisonment; <A]
[D> In addition, the court shall enter an order which requires that the person enroll in and successfully complete an alcohol and drug safety action education program or treatment program as provided in K.S.A. 8-1008, and amendments thereto, or both the education and treatment programs. <D]
[D> (e) <D] [A> (B) <A] on a second conviction [D> of a violation of this section, a person shall be guilty of <D] a class A, nonperson misdemeanor [D> and <D] [A> . The person convicted shall be <A] sentenced to not less than 90 days nor more than one year’s imprisonment and fined not less than [D> $ 1,000 <D] [A> $ 1,250 <A] nor more than [D> $ 1,500 <D] [A> $ 1,750 <A] . The person convicted [D> must <D] [A> shall <A] serve at least five consecutive days’ imprisonment before the person is granted probation, suspension or reduction of sentence or parole or is otherwise released. The five days’ imprisonment mandated by this subsection may be served in a work release program only after such person has served 48 consecutive hours’ imprisonment, provided such work release program requires such person to return to confinement at the end of each day in the work release program. [A> The person convicted, if placed into a work release program, shall serve a minimum of 120 hours of confinement. Such 120 hours of confinement shall be a period of at least 48 consecutive hours of imprisonment followed by confinement hours at the end of and continuing to the beginning of the offender’s work day. <A] The court may place the person convicted under a house arrest program pursuant to [D> K.S.A. 21-4603b <D] [A> section 249 of chapter 136 of the 2010 Session Laws of Kansas, <A] and amendments thereto, to serve the remainder of the minimum sentence only after such person has served 48 consecutive hours’ imprisonment. [A> The person convicted, if placed under house arrest, shall be monitored by an electronic monitoring device, which verifies the offender’s location. The offender shall serve a minimum of 120 hours of confinement within the boundaries of the offender’s residence. Any exceptions to remaining within the boundaries of the offender’s residence provided for in the house arrest agreement shall not be counted as part of the 120 hours; <A]
[D> As a condition of any grant of probation, suspension of sentence or parole or of any other release, the person shall be required to enter into and complete a treatment program for alcohol and drug abuse as provided in K.S.A. 8-1008, and amendments thereto. <D]
[D> (f) (1) <D] [A> (C) on a third conviction a class A, nonperson misdemeanor, except as provided in subsection (b)(1)(D). The person convicted shall be sentenced to not less than 90 days nor more than one year’s imprisonment and fined not less than $ 1,750 nor more than $ 2,500. The person convicted shall not be eligible for release on probation, suspension or reduction of sentence or parole until the person has served at least 90 days’ imprisonment. The 90 days’ imprisonment mandated by this subsection may be served in a work release program only after such person has served 48 consecutive hours’ imprisonment, provided such work release program requires such person to return to confinement at the end of each day in the work release program. The person convicted, if placed into a work release program, shall serve a minimum of 240 hours of confinement. Such 240 hours of confinement shall be a period of at least 48 consecutive hours of imprisonment followed by confinement hours at the end of and continuing to the beginning of the offender’s work day. The court may place the person convicted under a house arrest program pursuant to section 249 of chapter 136 of the 2010 Session Laws of Kansas, and amendments thereto, to serve the remainder of the minimum sentence only after such person has served 48 consecutive hours’ imprisonment. The person convicted, if placed under house arrest, shall be monitored by an electronic monitoring device, which verifies the offender’s location. The offender shall serve a minimum of 240 hours of confinement within the boundaries of the offender’s residence. Any exceptions to remaining within the boundaries of the offender’s residence provided for in the house arrest agreement shall not be counted as part of the 240 hours; <A]
[A> (D) <A] on [D> the <D] [A> a <A] third conviction [D> of a violation of this section, a person shall be guilty of <D] a nonperson felony [D> and <D] [A> if the person has a prior conviction which occurred within the preceding 10 years, not including any period of incarceration. The person convicted shall be <A] sentenced to not less than 90 days nor more than one year’s imprisonment and fined not less than [D> $ 1,500 <D] [A> $ 1,750 <A] nor more than $ 2,500. The person convicted shall not be eligible for release on probation, suspension or reduction of sentence or parole until the person has served at least 90 days’ imprisonment. The 90 days’ imprisonment mandated by this [D> paragraph <D] [A> subsection <A] may be served in a work release program only after such person has served 48 consecutive hours’ imprisonment, provided such work release program requires such person to return to confinement at the end of each day in the work release program. [A> The person convicted, if placed into a work release program, shall serve a minimum of 240 hours of confinement. Such 240 hours of confinement shall be a period of at least 48 consecutive hours of imprisonment followed by confinement hours at the end of and continuing to the beginning of the offender’s work day. <A] The court may place the person convicted under a house arrest program pursuant to [D> K.S.A. 21-4603b <D] [A> section 249 of chapter 136 of the 2010 Session Laws of Kansas, <A] and amendments thereto, to serve the remainder of the minimum sentence only after such person has served 48 consecutive hours’ imprisonment. [A> The person convicted, if placed under house arrest, shall be monitored by an electronic monitoring device, which verifies the offender’s location. The offender shall serve a minimum of 240 hours of confinement within the boundaries of the offender’s residence. Any exceptions to remaining within the boundaries of the offender’s residence provided for in the house arrest agreement shall not be counted as part of the 240 hours; and <A]
[D> (2) The court may order that the term of imprisonment imposed pursuant to paragraph (1) be served in a state facility in the custody of the secretary of corrections in a facility designated by the secretary for the provision of substance abuse treatment pursuant to the provisions of K.S.A. 21-4704, and amendments thereto. The person shall remain imprisoned at the state facility only while participating in the substance abuse treatment program designated by the secretary and shall be returned to the custody of the sheriff for execution of the balance of the term of imprisonment upon completion of or the person’s discharge from the substance abuse treatment program. Custody of the person shall be returned to the sheriff for execution of the sentence imposed in the event the secretary of corrections determines: (A) That substance abuse treatment resources or the capacity of the facility designated by the secretary for the incarceration and treatment of the person is not available; (B) the person fails to meaningfully participate in the treatment program of the designated facility; (C) the person is disruptive to the security or operation of the designated facility; or (D) the medical or mental health condition of the person renders the person unsuitable for confinement at the designated facility. The determination by the secretary that the person either is not to be admitted into the designated facility or is to be transferred from the designated facility is not subject to review. The sheriff shall be responsible for all transportation expenses to and from the state correctional facility. <D]
[D> The court shall also require as a condition of parole that such person enter into and complete a treatment program for alcohol and drug abuse as provided by K.S.A. 8-1008, and amendments thereto. <D]
[D> (g) (1) <D] [A> (E) <A] on [D> the <D] [A> a <A] fourth or subsequent conviction [D> of a violation of this section, a person shall be guilty of <D] a nonperson felony [D> and <D] [A> . The person convicted shall be <A] sentenced to not less than 90 days nor more than one year’s imprisonment and fined $ 2,500. The person convicted shall not be eligible for release on probation, suspension or reduction of sentence or parole until the person has served at least 90 days’ imprisonment. The 90 days’ imprisonment mandated by this paragraph may be served in a work release program only after such person has served 72 consecutive hours’ imprisonment, provided such work release program requires such person to return to confinement at the end of each day in the work release program. [A> The person convicted, if placed into a work release program, shall serve a minimum of 240 hours of confinement. Such 240 hours of confinement shall be a period of at least 72 consecutive hours of imprisonment followed by confinement hours at the end of and continuing to the beginning of the offender’s work day. The court may place the person convicted under a house arrest program pursuant to section 249 of chapter 136 of the 2010 Session Laws of Kansas, and amendments thereto, to serve the remainder of the minimum sentence only after such person has served 72 consecutive hours’ imprisonment. The person convicted, if placed under house arrest, shall be monitored by an electronic monitoring device, which verifies the offender’s location. The offender shall serve a minimum of 240 hours of confinement within the boundaries of the offender’s residence. Any exceptions to remaining within the boundaries of the offender’s residence provided for in the house arrest agreement shall not be counted as part of the 240 hours. <A]
(2) The court may order that the term of imprisonment imposed pursuant to [D> paragraph (1) <D] [A> subsection (b)(1)(D) or (b)(1)(E) <A] be served in a state facility in the custody of the secretary of corrections in a facility designated by the secretary for the provision of substance abuse treatment pursuant to the provisions of [D> K.S.A. 21-4704 <D] [A> section 285 of chapter 136 of the 2010 Session Laws of Kansas <A] , and amendments thereto. The person shall remain imprisoned at the state facility only while participating in the substance abuse treatment program designated by the secretary and shall be returned to the custody of the sheriff for execution of the balance of the term of imprisonment upon completion of or the person’s discharge from the substance abuse treatment program. Custody of the person shall be returned to the sheriff for execution of the sentence imposed in the event the secretary of corrections determines: (A) That substance abuse treatment resources or the capacity of the facility designated by the secretary for the incarceration and treatment of the person is not available; (B) the person fails to meaningfully participate in the treatment program of the designated facility; (C) the person is disruptive to the security or operation of the designated facility; or (D) the medical or mental health condition of the person renders the person unsuitable for confinement at the designated facility. The determination by the secretary that the person either is not to be admitted into the designated facility or is to be transferred from the designated facility is not subject to review. The sheriff shall be responsible for all transportation expenses to and from the state correctional facility [A> . <A]
[D> At the time of the filing of the judgment form or journal entry as required by K.S.A. 21-4620 or 22-3426, and amendments thereto, the court shall cause a certified copy to be sent to the officer having the offender in charge. The law enforcement agency maintaining custody and control of a defendant for imprisonment shall cause a certified copy of the judgment form or journal entry to be sent to the secretary of corrections within three business days of receipt of the judgment form or journal entry from the court and notify the secretary of corrections when the term of imprisonment expires and upon expiration of the term of imprisonment shall deliver the defendant to a location designated by the secretary. After the term of imprisonment imposed by the court, the person shall be placed in the custody of the secretary of corrections for a mandatory one-year period of post-release supervision, which such period of post-release supervision shall not be reduced. During such post-release supervision, the person shall be required to participate in an inpatient or outpatient program for alcohol and drug abuse, including, but not limited to, an approved aftercare plan or mental health counseling, as determined by the secretary and satisfy conditions imposed by the Kansas parole board as provided by K.S.A. 22-3717, and amendments thereto. Any violation of the conditions of such post-release supervision may subject such person to revocation of post-release supervision pursuant to K.S.A. 75-5217 et seq., and amendments thereto and as otherwise provided by law. <D]
[A> (3) In addition, for any conviction pursuant to subsection (b)(1)(C), (b)(1)(D) or (b)(1)(E), at the time of the filing of the judgment form or journal entry as required by K.S.A. 22-3426 or section 280 of chapter 136 of the 2010 Session Laws of Kansas, and amendments thereto, the court shall cause a certified copy to be sent to the officer having the offender in charge. The court shall determine whether the offender, upon release from imprisonment, shall be supervised by community correctional services or court services based upon the risk and needs of the offender. The risk and needs of the offender shall be determined by use of a risk assessment tool specified by the Kansas sentencing commission. The law enforcement agency maintaining custody and control of a defendant for imprisonment shall cause a certified copy of the judgment form or journal entry to be sent to the supervision office designated by the court and upon expiration of the term of imprisonment shall deliver the defendant to a location designated by the supervision office designated by the court. After the term of imprisonment imposed by the court, the person shall be placed on supervision to community correctional services or court services, as determined by the court, for a mandatory one-year period of supervision, which such period of supervision shall not be reduced. During such supervision, the person shall be required to participate in a multidisciplinary model of services for substance use disorders facilitated by a department of social and rehabilitation services designated care coordination agency to include assessment and, if appropriate, referral to a community based substance use disorder treatment including recovery management and mental health counseling as needed. The multidisciplinary team shall include the designated care coordination agency, the supervision officer, the social and rehabilitation services department designated treatment provider and the offender. Any violation of the conditions of such supervision may subject such person to revocation of supervision and imprisonment in jail for the remainder of the period of imprisonment, the remainder of the supervision period, or any combination or portion thereof. <A]
[A> (4) In addition, prior to sentencing for any conviction, the court shall order the person to participate in an alcohol and drug evaluation conducted by a provider in accordance with K.S.A. 8-1008, and amendments thereto. The person shall be required to follow any recommendation made by the provider after such evaluation, unless otherwise ordered by the court. <A]
[D> (h) <D] [A> (c) <A] Any person convicted of violating this section or an ordinance which prohibits the acts that this section prohibits who had one or more children under the age of 14 years in the vehicle at the time of the offense shall have such person’s punishment enhanced by one month of imprisonment. This imprisonment must be served consecutively to any other minimum mandatory penalty imposed for a violation of this section or an ordinance which prohibits the acts that this section prohibits. Any enhanced penalty imposed shall not exceed the maximum sentence allowable by law. During the service of the enhanced penalty, the judge may order the person on house arrest, work release or other conditional release.
[A> (d) If a person is charged with a violation of this section involving drugs, the fact that the person is or has been entitled to use the drug under the laws of this state shall not constitute a defense against the charge. <A]
[D> (i) <D] [A> (e) <A] The court may establish the terms and time for payment of any fines, fees, assessments and costs imposed pursuant to this section. Any assessment and costs shall be required to be paid not later than 90 days after imposed, and any remainder of the fine shall be paid prior to the final release of the defendant by the court.
[D> (j) <D] [A> (f) <A] In lieu of payment of a fine imposed pursuant to this section, the court may order that the person perform community service specified by the court. The person shall receive a credit on the fine imposed in an amount equal to $ 5 for each full hour spent by the person in the specified community service. The community service ordered by the court shall be required to be performed not later than one year after the fine is imposed or by an earlier date specified by the court. If by the required date the person performs an insufficient amount of community service to reduce to zero the portion of the fine required to be paid by the person, the remaining balance of the fine shall become due on that date.
[D> (k) <D] [A> (g) <A] (1) Except as provided in paragraph (5), in addition to any other penalty which may be imposed upon a first conviction of a violation of this section, the court may order that the convicted person’s motor vehicle or vehicles be impounded or immobilized for a period not to exceed one year and that the convicted person pay all towing, impoundment and storage fees or other immobilization costs.
(2) The court shall not order the impoundment or immobilization of a motor vehicle driven by a person convicted of a violation of this section if the motor vehicle had been stolen or converted at the time it was driven in violation of this section.
(3) Prior to ordering the impoundment or immobilization of a motor vehicle or vehicles owned by a person convicted of a violation of this section, the court shall consider, but not be limited to, the following:
(A) Whether the impoundment or immobilization of the motor vehicle would result in the loss of employment by the convicted person or a member of such person’s family; and
(B) whether the ability of the convicted person or a member of such person’s family to attend school or obtain medical care would be impaired.
(4) Any personal property in a vehicle impounded or immobilized pursuant to this subsection may be retrieved prior to or during the period of such impoundment or immobilization.
(5) As used in this subsection, the convicted person’s motor vehicle or vehicles shall include any vehicle leased by such person. If the lease on the convicted person’s motor vehicle subject to impoundment or immobilization expires in less than one year from the date of the impoundment or immobilization, the time of impoundment or immobilization of such vehicle shall be the amount of time remaining on the lease.
[D> (l) (1) Except as provided in paragraph (3), in addition to any other penalty which may be imposed upon a second or subsequent conviction of a violation of this section, the court shall order that each motor vehicle owned or leased by the convicted person shall either be equipped with an ignition interlock device or be impounded or immobilized for a period of two years. The convicted person shall pay all costs associated with the installation, maintenance and removal of the ignition interlock device and all towing, impoundment and storage fees or other immobilization costs. <D]
[D> (2) Any personal property in a vehicle impounded or immobilized pursuant to this subsection may be retrieved prior to or during the period of such impoundment or immobilization. <D]
[D> (3) As used in this subsection, the convicted person’s motor vehicle or vehicles shall include any vehicle leased by such person. If the lease on the convicted person’s motor vehicle subject to impoundment or immobilization expires in less than two years from the date of the impoundment or immobilization, the time of impoundment or immobilization of such vehicle shall be the amount of time remaining on the lease. <D]
[D> (m) (1) <D] [A> (h) <A] Prior to filing a complaint alleging a violation of this section, a prosecutor shall request and shall receive from the [A> : (1) <A] Division a record of all prior convictions obtained against such person for any violations of any of the motor vehicle laws of this state.
[D> (2) Prior to filing a complaint alleging a violation of this section, a prosecutor shall request and shall receive from the <D] [A> ; and (2) <A] Kansas bureau of investigation central repository all criminal history record information concerning such person.
[D> (n) <D] [A> (i) <A] The court shall electronically report every conviction of a violation of this section and every diversion agreement entered into in lieu of further criminal proceedings [D> or <D] [A> on <A] a complaint alleging a violation of this section to the division. Prior to sentencing under the provisions of this section, the court shall request and shall receive from the division a record of all prior convictions obtained against such person for any violations of any of the motor vehicle laws of this state.
[D> (o) <D] [A> (j) <A] For the purpose of determining whether a conviction is a first, second, third, fourth or subsequent conviction in sentencing under this section:
(1) “Conviction” includes being convicted of a violation of this section or entering into a diversion agreement in lieu of further criminal proceedings on a complaint alleging a violation of this section;
(2) “conviction” includes being convicted of a violation of a law of another state or an ordinance of any city, or resolution of any county, which prohibits the acts that this section prohibits or entering into a diversion agreement in lieu of further criminal proceedings in a case alleging a violation of such law, ordinance or resolution;
(3) [D> any convictions occurring during a person’s lifetime <D] [A> only convictions occurring on or after July 1, 2001, <A] shall be taken into account when determining the sentence to be imposed for a first, second, third, fourth or subsequent offender;
(4) it is irrelevant whether an offense occurred before or after conviction for a previous offense; and
(5) a person may enter into a diversion agreement in lieu of further criminal proceedings for a violation of this section, and amendments thereto, or an ordinance which prohibits the acts of this section, and amendments thereto, only once during the person’s lifetime.
[D> (p) <D] [A> (k) <A] Upon conviction of a person of a violation of this section or a violation of a city ordinance or county resolution prohibiting the acts prohibited by this section, the division, upon receiving a report of conviction, shall suspend, restrict or suspend and restrict the person’s driving privileges as provided by K.S.A. 8-1014, and amendments thereto.
[D> (q) (1) (A) <D] [A> (l) (1) <A] Nothing contained in this section shall be construed as preventing any city from enacting ordinances, or any county from adopting resolutions, declaring acts prohibited or made unlawful by this act as unlawful or prohibited in such city or county and prescribing penalties for violation thereof. [D> Except as specifically provided by this subsection, <D]
[A> (2) <A] The minimum penalty prescribed by any such ordinance or resolution shall not be less than the minimum penalty prescribed by this [D> act <D] [A> section <A] for the same violation, and the maximum penalty in any such ordinance or resolution shall not exceed the maximum penalty prescribed for the same violation.
[D> (B) <D] [A> (3) <A] On and after July 1, 2007, and retroactive for ordinance violations committed on or after July 1, 2006, an ordinance may grant to a municipal court jurisdiction over a violation of such ordinance which is concurrent with the jurisdiction of the district court over a violation of this section, notwithstanding that the elements of such ordinance violation are the same as the elements of a violation of this section that would constitute, and be punished as, a felony.
[D> (C) <D] [A> (4) <A] Any such ordinance or resolution shall authorize the court to order that the convicted person pay restitution to any victim who suffered loss due to the violation for which the person was convicted. [D> Except as provided in paragraph (5), <D]
[A> (5) <A] Any such ordinance or resolution may require or authorize the court to order that the convicted person’s motor vehicle or vehicles be impounded or immobilized [D> for a period not to exceed one year and that the convicted person pay all towing, impoundment and storage fees or other immobilization costs <D] [A> in accordance with subsection (g) <A] .
[D> (2) The court shall not order the impoundment or immobilization of a motor vehicle driven by a person convicted of a violation of this section if the motor vehicle had been stolen or converted at the time it was driven in violation of this section. <D]
[D> (3) Prior to ordering the impoundment or immobilization of a motor vehicle or vehicles owned by a person convicted of a violation of this section, the court shall consider, but not be limited to, the following: <D]
[D> (A) Whether the impoundment or immobilization of the motor vehicle would result in the loss of employment by the convicted person or a member of such person’s family; and <D]
[D> (B) whether the ability of the convicted person or a member of such person’s family to attend school or obtain medical care would be impaired. <D]
[D> (4) Any personal property in a vehicle impounded or immobilized pursuant to this subsection may be retrieved prior to or during the period of such impoundment or immobilization. <D]
[D> (5) As used in this subsection, the convicted person’s motor vehicle or vehicles shall include any vehicle leased by such person. If the lease on the convicted person’s motor vehicle subject to impoundment or immobilization expires in less than one year from the date of the impoundment or immobilization, the time of impoundment or immobilization of such vehicle shall be the amount of time remaining on the lease. <D]
[D> (r) <D] [A> (m) <A] (1) Upon the filing of a complaint, citation or notice to appear alleging a person has violated a city ordinance prohibiting the acts prohibited by this section, and prior to conviction thereof, a city attorney shall request and shall receive from the [A> : (A) <A] Division a record of all prior convictions obtained against such person for any violations of any of the motor vehicle laws of this state [D> . <D]
[D> (2) Upon the filing of a complaint, citation or notice to appear alleging a person has violated a city ordinance prohibiting the acts prohibited by this section, and prior to conviction thereof, a city attorney shall request and shall receive from the <D] [A> ; and (B) <A] Kansas bureau of investigation central repository all criminal history record information concerning such person.
[D> (3) <D] [A> (2) <A] If the elements of such ordinance violation are the same as the elements of a violation of this section that would constitute, and be punished as, a felony, the city attorney shall refer the violation to the appropriate county or district attorney for prosecution.
[D> (s) <D] [A> (n) <A] No plea bargaining agreement shall be entered into nor shall any judge approve a plea bargaining agreement entered into for the purpose of permitting a person charged with a violation of this section, or a violation of any ordinance of a city or resolution of any county in this state which prohibits the acts prohibited by this section, to avoid the mandatory penalties established by this section or by the ordinance. For the purpose of this subsection, entering into a diversion agreement pursuant to K.S.A. 12-4413 et seq. or 22-2906 et seq., and amendments thereto, shall not constitute plea bargaining.
[D> (t) <D] [A> (o) <A] The alternatives set out in subsections (a)(1), (a)(2) and (a)(3) may be pleaded in the alternative, and the state, city or county, but shall not be required to, may elect one or two of the three prior to submission of the case to the fact finder.
[D> (u) <D] [A> (p) <A] Upon a fourth or subsequent conviction, the judge of any court in which any person is convicted of violating this section, may revoke the person’s license plate or temporary registration certificate of the motor vehicle driven during the violation of this section for a period of one year. Upon revoking any license plate or temporary registration certificate pursuant to this subsection, the court shall require that such license plate or temporary registration certificate be surrendered to the court.
[D> (v) <D] [A> (q) <A] [D> For the purpose of <D] [A> As used in <A] this section: (1) “Alcohol concentration” means the number of grams of alcohol per 100 milliliters of blood or per 210 liters of breath [D> . <D] [A> ; <A]
(2) “imprisonment” shall include any restrained environment in which the court and law enforcement agency intend to retain custody and control of a defendant and such environment has been approved by the board of county commissioners or the governing body of a city [D> . <D] [A> ; and <A]
(3) “drug” includes toxic vapors as such term is defined in K.S.A. 2010 Supp. 21-36a12, and amendments thereto.
[D> (w) <D] [A> (r) (1) <A] The amount of the increase in fines as specified in this section shall be remitted by the clerk of the district court to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of remittance of the increase provided in this act, the state treasurer shall deposit the entire amount in the state treasury and the state treasurer shall credit 50% to the community alcoholism and intoxication programs fund and 50% to the department of corrections alcohol and drug abuse treatment fund, which is hereby created in the state treasury.
[A> (2) On and after July 1, 2011, the amount of $ 250 from each fine imposed pursuant to this section shall be remitted by the clerk of the district court to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of such remittance, the state treasurer shall credit the entire amount to the community corrections supervision fund established by section 3, and amendments thereto. <A]
[D> (x) Upon every conviction of a violation of this section, the court shall order such person to submit to a pre-sentence alcohol and drug abuse evaluation pursuant to K.S.A. 8-1008, and amendments thereto. Such pre-sentence evaluation shall be made available, and shall be considered by the sentencing court. <D]
At the law office of O’Hara & O’Hara L.L.C. our clients come first and we will do what it takes to defend and uphold your rights. Our attorneys have represented many clients who have faced DUI/Driving Under the Influence charges. In some instances, it is possible to resolve the case without going to trial. However, if the prosecutor is not willing to be reasonable, we are fully prepared to take the case to trial. We will do what is in our client’s best interests. Since deciding to settle or take the case to trial is always our client’s decision, we will supply the legal advice needed to help our clients make an informed and intelligent decision.
Proven DUI/Driving Under the Influence Defense Results in Wichita, Kansas
We will defend you or your loved ones criminal case aggressively. Our experienced DUI/Driving Under the Influence Criminal Defense Attorneys take pride in their work and their case results reflect their dedication to the client. Regardless if you or your loved one has been charged with, being investigated for or accused of a DUI/Driving Under the Influence, you need aggressive representation immediately.
At O’Hara & O’Hara, we know that people make mistakes, but that doesn’t mean that they should have to spend years of their lives making up for poor judgment. For years, our Wichita DUI defense lawyers have been helping clients fight their driving while intoxicated charges with outstanding results.
Contact an Experienced Kansas DUI/Driving Under the Influence Defense Lawyer
We know that criminal charges are difficult, requiring hard work and dedication on the part of a defense lawyer. We work hard to protect the rights and the futures of our clients. We offer a free DUI/Driving Under the Influence consultation to discuss your legal matter during which all the facets of your case will be thoroughly examined and advice will be offered to you on how to proceed. If you choose to retain us, it will be our goal to provide you with a service that will be of benefit to you and your family.
Contact us at 316.263.5601 for a consultation to discuss your legal options regarding a DUI/Driving Under the Influence Offense. Or stop by to visit us at our office at:1223 East First Street – Wichita, Kansas 67214
