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Kansas DUI / DWI Questions & Answers
1 Answer | Asked in DUI / DWI for Kansas on
Q: DWI and DUI? Are they the same.

I have a first offense DUI in kansas and im trying to get my TDI adjusters license in TX. I’m currently on a diversion program to get it off my record. It states you can exclude first offense DWI. Would that be the same as DUI?

Brian Leininger
Brian Leininger answered on Nov 18, 2021

Yes, they are the same. Different jurisdictions just have slightly different names for the same thing. I've even seen them call OUI or OMVI.

2 Answers | Asked in DUI / DWI for Kansas on
Q: Can you be arrested weeks after refusing any testing for Dui in Kansas?

My friend wrecked her car and was taken to hospital by ambulance. Officer came to the hospital to test her for alcohol and she refused. He made sure she understood about losing license and gave her the pink paper He never wrote her a ticket or put her under arrest now she’s hearing she’s going... Read more »

Randy Bryan Ligh
Randy Bryan Ligh answered on Jul 28, 2021

Yes---perhaps the law enforcement officer's investigation is only just concluding so until he concludes it, he is not in position to issue a ticket. Please remember, a ticket is only an accusation and the prosecutor would still have to prove beyond a reasonable doubt each and every element... Read more »

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1 Answer | Asked in DUI / DWI for Kansas on
Q: What is an 'Ext Std Check'? It was listed at .075

We were pulled over for drivers side break light being out. Pulled into the gas station and my boyfriend was given a sobriety test which he passed with flying colors. Then they gave him the breathalyzer and he blew a, .097, and was taken to jail. He had quit drinking hours before we left. So it was... Read more »

Brian Leininger
Brian Leininger answered on Aug 3, 2020

The Intoxilyzer 9000 breath test machine has a gas canister attached to it. The gas in the canister is certified to test at .08. The external standard check is when the machine tests the gas to attempt to make sure the machine is working properly. If it tests the gas anywhere from .075 to .085... Read more »

1 Answer | Asked in DUI / DWI for Kansas on
Q: Can I switch companies after ive had the breathalyzer for a year? I have another year but I'm having nothing but issues.

Its messed up several times but continuously for the last month it keeps messing up amd I have to have it read about every other week.

Brian Leininger
Brian Leininger answered on Dec 3, 2019

Yes, you can absolutely switch. Find a new company and have them lead you through it.

1 Answer | Asked in DUI / DWI for Kansas on
Q: Do I need a lawyer for a first offense DUI? Was in my driveway keys on floor but asleep in drivers seat.

Ticket states that someone called in a reckless driver in my vehicle match the description. They also stated I refuse fields Friday I do not recall that I was very cooperative. This happen on September 29 What Sunday and my court date is on Tuesday and I’m freaking out do I need a lawyer?

Brian Leininger
Brian Leininger answered on Sep 29, 2019

The Judge will not require you to have a lawyer for your case. The prosecutor will love it if you handle your case without a lawyer. I absolutely think you should have a lawyer.

To convict you the government needs to prove you were driving and were impaired by alcohol you drank before you...
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1 Answer | Asked in DUI / DWI for Kansas on
Q: Could my interlock requirement be met if I pay for device for 2 years and never drive for 2 years? Family embarrassed

Or similar idea?

Brian Leininger
Brian Leininger answered on Jul 29, 2019

The law requires you to have the IID for two years and you should definitely do that. Your license will not be cleared until you do. There is no requirement to drive the car. The IID company will require you to being the car in once a month or so they can verify it is installed and working, but... Read more »

1 Answer | Asked in DUI / DWI for Kansas on
Q: I am 22 and in F1 visa .I had my first dui with 0.126.i am confused btwn trial and diversion cnsdrng my h1 n green card

Which option between trial and diversion is better for my green card considering if police have all good proofs.i was in learners permit n i did no accident,just a Walmart guy smelled and complained cops they were waiting for me in parking till I start the car and drive.

Brian Leininger
Brian Leininger answered on Apr 1, 2019

Whenever there is an immigration issue involved it is a big deal. A lawyer cannot advise you as to what the best course of action is in you case until she or he looks at all of the evidence. I have handled DUI cases for dozens of immigrants over the years and I can tell that immigration issues are... Read more »

1 Answer | Asked in DUI / DWI and Immigration Law for Kansas on
Q: Can a dui diversion affect immigration status(green card holder) it's 1st offense.

I was arrested for dui BAC 0.26 (1st offense)no injuries,no accident,no body is hurt and now i am in diversion programm can this diversion affect my immigration status.i am a permanent resident (green card holder)

Deron Edward Smallcomb
Deron Edward Smallcomb answered on Feb 28, 2019

It will likely affect your ability to become a citizen for at least five years, but it is unlikely they will try to take your green card.

1 Answer | Asked in DUI / DWI for Kansas on
Q: I had a 3rd DUI 4 years ago in Johnson County, Kansas. Is there a statute of limitations in KS?

I completed all requirements for the first two including probation. I have not heard a word from the courts since I was charged in October of 2014. This, of course, would have been a felony.

Brian Leininger
Brian Leininger answered on Oct 17, 2018

The SOL is five years. First you want to make sure you didn’t miss a court date and there is a warrant for you. You can call the JOCO Sheriff’s Office for this. I have seen DUI cases in which there was a blood or urine sample sent to the lab that have taken years to get charged. There is no... Read more »

1 Answer | Asked in DUI / DWI for Kansas on
Q: I am on diversion for a KS DUI. The admini hearing rules against me in KS but didnt sus me in Mo. Am I ok to drive in Ks

I realize I cannot get a license in ks but drive there for work. If my Mo license isnt suspended do I risk going to jail in Ks for driving on their roads? I currently live in ks and should have a ks license but knowing Im ok if I lived on the MO side, I would move.

Brian Leininger
Brian Leininger answered on May 10, 2018

As long as you have a suspension in KS you are not legal to drive there, even if you have a valid license in another state.

1 Answer | Asked in DUI / DWI for Kansas on
Q: If someone passes the intoxilyzer 9000 and does not conduct a blood sample, is it still legal to give them a DUI?
Brian Leininger
Brian Leininger answered on Feb 19, 2018

Yes, it happens quite often. When you say "passes the Intoxilyzer" I assume you mean the person blew under .08. The officer can still charge the driver with DUI if the officer believes he or she is under the influence to the degree that he or she is incapable of safely driving. This... Read more »

1 Answer | Asked in DUI / DWI for Kansas on
Q: I was tried by magistrate judge. Shouldnt it have been d.c. judge can i get new trial or case dismissed
Brian Leininger
Brian Leininger answered on Aug 17, 2017

If the Magistrate was a lawyer you do not get to appeal to a District Court Judge. If the Magistrate was not a lawyer you do have that right.

1 Answer | Asked in DUI / DWI for Kansas on
Q: How much will my legal fees cost for a first time DUI?
William C. Head
William C. Head answered on Aug 17, 2017

Right up my alley.

Read these pages.
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1 Answer | Asked in DUI / DWI for Kansas on
Q: Is it a violation of my right to a speedy trial on DUI in September 2015 and conviction in February 2017?

I was arrested in September of 2015, after a slew of court dates, I had a jury trial in October of 2016 that resulted in a hung jury, in February of 2017 I was retried and convicted. Does this violate my right to a speedy trial in Kansas?

Robert C. Gigstad
Robert C. Gigstad answered on May 24, 2017

Unfortunately the answer is likely no, this is something you should ask your attorney about if you have more questions.

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