You’ve Been Charged with a DUI. Now What?

The world of DUI can be a very tricky and confusing place. So what do you do? What are your options? And what can you do to get on the other side of DUI with the least damage to your record and your image as a citizen? DUI can happen in an instant. So here’s what you can expect directly following this roadside encounter.

The Arrest
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Someone suspected of DUI will be taken in for processing, which can take between four and 12 hours. Then they’ll need to post bond. Typically, for a standard DUI in the state of Kansas, they’ll release you on an OR (own recognizance) bond. This means you’re released without having to pay anything, but if you don’t show up to court, you’re indebted to the court the entire amount of your bond.

 

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Contact a Lawyer

As soon as you’re released on bond, contact an experienced DUI defense attorney. This is imperative because many aspects of the case are time-sensitive, including the possibility of keeping your license. Your attorney will walk you through both the civil and criminal aspects of your DUI and gather the proper information.

 Protecting Both Sides

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Civil

The civil side of your case typically involves the retention of your driver’s license. When they initially take your license, they’ll give you a DC27, a document which gives you 14 days to pay $50 to the State of Kansas to request a driver’s license administrative hearing. If you don’t follow the proper steps in the allotted time, your license will be automatically suspended within 30 days. Your lawyer will attend the hearing with the intent of allowing you to keep your license. Many aspects come into play during this hearing – specifically if you blew into the Intoxilyzer 8000, how many DUIs you have had, and what you blew, because if it’s 1.5 or above, the penalty goes up.

 

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Criminal

Your lawyer will enter an appearance and request discovery, which is any evidence the prosecutor is using to convict you of DUI. The state can also take your license on the criminal side, so to keep your license untouched, you have to run the house. In addition to winning the driver’s license administrative hearing discussed above, you must win the criminal case at trial, have it dismissed or get a diversion, which may be the best case scenario for your first DUI because it, in a sense, wipes it from your record. But be warned, if you receive a second DUI, your first diverted DUI still counts as your first, so you’ll still be subject to the penalties of a second offense.

 

The Importance of a Lawyer

Although complicated, a standard DUI case can be fairly simple with the right defense attorney. Their expertise will allow for the best possible outcome, and their deep understanding of the process, the courtroom and the political landscape could mean the difference between possible dismissal and the harshest conviction. Jonathan W. McConnell has been involved in countless DUI cases and has the expertise to get the best results. Every case is different, and the details and opportunities of your specific case are highlighted and utilized by your attorney. Make sure your attorney knows DUI.

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Jonathan W. McConnell Criminal Defense Attorney