Felony DUI Attorneys 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 Irigonegaray & Revenaugh, 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:

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 Irigonegaray & Revenaugh, during a free case evaluation. We will advise you of your legal options and recommend the next steps to take.