Felony DUI Attorneys in Topeka, Kansas

Felony DUI Defense Lawyers in Topeka Kansas

Some DUIs in Kansas are even more serious than others because they are charged as felony offenses.

A felony DUI charge comes with the prospect of extremely harsh penalties, including mandatory prison time. This often ratchets up the stress levels for defendants.

Getting experienced legal assistance should be a priority for any drunk driving offense. A skilled DUI lawyer can often reduce the consequences of a conviction or successfully fight the case so that no criminal conviction results.

At ITR Law in Topeka, we’ll protect your rights, freedoms and interests with reliable legal advice and assistance.

When is a DUI a felony in Kansas?

Felony DUI laws in Kansas target drivers who are repeatedly found to operate a vehicle while intoxicated. Accordingly, a felony DUI charge will be filed if you:

  • Receive a third charge within 10 years of the second DUI conviction
  • Receive a fourth DUI charge

Any DUI charge is a serious offense but the Kansas justice system clamps down particularly hard on repeat offenders.

Penalties for felony DUIs in Kansas

There are no automatic penalties under Kansas law and almost everything can be discussed between the relevant legal parties. It’s important, therefore, to seek reliable legal advice as soon as possible after your arrest.

Let’s take a closer look at the two types of felony offenses associated with DUI in Kansas:

A third DUI offense in Kansas is considered to be a nonperson felony if the driver has had a prior conviction within the last 10 years (excluding any period of imprisonment).

A person convicted of a third DUI offense within 10 years of their second conviction can face the following penalties:

  • No less than 90 days in prison — and up to one year
  • A fine of $1,750 – $2,500

In other words, a convicted driver will not be eligible for release on probation, suspension or reduction of sentence or parole until a minimum of 90 days has been served in prison.

The term of imprisonment can, however, be served in a work release program (with a return to prison at the end of each day) after the offender has been confined to prison for 48 consecutive hours.

Offenders also face one year of supervision, during which they must attend a substance abuse treatment program. Other restrictions may also apply as ordered by the court.

A fourth DUI offense in Kansas is considered to be a nonperson felony and if convicted, the offender will face the following penalties:

  • No less than 90 days in prison — and up to one year
  • A fine of $2,500

Again, a convicted driver will only be eligible for release on probation, suspension or reduction of sentence or parole after a minimum of 90 days has been served in prison.

The time may be served in a work release program (with a return to prison at the end of each day) after the offender has served 72 consecutive hours of imprisonment.

Again, one year of supervision applies, during which the offender must attend a substance abuse treatment program.

Penalties may be enhanced if a child under the age of 14 was in the vehicle at the time of the arrest, or if injuries or damage to property resulted from the driver’s actions.

It’s also important to note that the Kansas courts have no obligation to grant any alternatives to standard sentencing. The success or failure of a request for probation or house arrest often depends on the skills of the criminal defense attorney pleading the case.

Defenses against a felony DUI charge

With such harsh penalties associated with repeated drunk driving, anyone faced with a felony DUI charge needs to build the best possible defense.

No matter how incriminating the evidence may seem, there is always an opportunity to escape a conviction — or at least the worst consequences associated with a guilty verdict.

Our seasoned DUI lawyers will generally defend a third or fourth DUI charge with one of the following defenses:

  • Violation of search and seizure rights: under federal law, law enforcement officers must adhere to strict regulations when searching for evidence (a search warrant and probable cause may be required to investigate you or your property).
  • Wrongful arrest: Law enforcement officers frequently fail to follow correct procedures and make mistakes in the line of duty.
  • Inadmissible evidence: if an arrest resulted from a traffic stop where a police officer claimed the driver was weaving, speeding, violating traffic laws or smelling of alcohol but no hard evidence is provided, the entire DUI arrest and charge can be called into question.
  • Inaccurate test results: the results of field sobriety tests and chemical tests can be called into question unless the officers followed strict procedures for performing these tests and test equipment was calibrated according to stringent requirements.

No two DUI cases are the same. If you are charged with a felony DUI, it’s important to discuss the precise details of your case with a qualified DUI lawyer as soon as possible after arrest so that you can achieve the best outcome for your future.

If you’re in the Topeka area, speak to a DUI lawyer at ITR Law during a free case evaluation. We will advise you of your legal options and recommend the next steps to take.

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Testimonials

Pedro Irigonegaray is one of the most experienced, knowledgeable, professional and compassionate attorneys I have ever known. When you need legal advice or someone to fight for you, get the best. Talk to Mr. Irgonegaray.

Jessica Dragoo

Very helpful. Very friendly. Very personable. Even if you need to know which direction to go with your issue, they’ll help show you the way even if it means you don’t need to go through them. We need more kind people like this!

Mitchell Moore

I have known Pedro for many years. A true gentleman, capable and ethical attorney. Glad to see the firm expand with more talented and ethical attorneys. A real asset to the Topeka legal community.

Boyd Fetterolf

Very impressed with their attention to detail, prompt service and professionalism. Highly recommend.

Casey Campbell

Passion for everyone’s rights, especially — but not exclusively — LGBTQ.

James R. Cowles

We help with DUIs & other driving charges

Our DUI lawyers are experienced in defending cases for Shawnee county residents who are accused of driving:

  • Over the legal blood-alcohol limit
  • With a suspended license
  • Underage while over the legal limit
  • Carelessly or dangerously
  • Under the influence of drugs

While many of our clients are first-time offenders who make honest mistakes, we can also assist repeat offenders who may face imprisonment for their actions.

Initially, we will listen to the circumstances of the charge. Then we will advise if and how we can help your case.

First, we listen.

Book a free consultation with one of our attorneys to discuss your case.