7 Common Mistakes by DUI Defendants

1. Failing to request an administrative hearing regarding their driving privileges within 10 days.  Failure to do so in Kansas will result in an administrative suspension of your driving privileges of at least 30 days, and in some cases a permanent suspension.


2. Answering law enforcement questions after arrest.  After an arrest you have the constitutional right to remain silent, exercise the right.


3. Failing to apply for diversion within application period.  First time offenders are eligible with some exceptions for DUI diversion in most Kansas jurisdictions.  Diversions in most instances prevent you from serving jail time and may not affect your insurance premiums in the same manner as a DUI conviction.  Applying for diversion does not preclude you from fighting the charge if you wish.


4. Failing to request additional testing as is your right pursuant to Kansas’ Implied Consent law, K.S.A. 8-1001 et seq.  Why?  Law enforcement officers often ignore the request, which if proven in court prevents the admission of the breath test result.


5. If a previous DUI conviction is more than 5 years old then it will not count as a previous conviction.  WRONG.  The State of Kansas will look back over your lifetime to determine how many previous DUI convictions there are.


6. You will receive only the mandatory minimum if convicted.  False.  Many judges, especially judges who face elections, wish to appear tough on DUI offenses and hand out maximum penalties rather than mandatory minimums especially to repeat offenders..


7. You will be able to have your DUI conviction expunged.  The Kansas legislature has amended the expungement statute and no longer permits the expungement of DUI convictions.