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Stevexo
Stevexo, Criminal Attorney
Category: Criminal Law
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Experience:  Thirty years Criminal Defense
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What happens when you get a first time dui in Kansas. I Meet all of the requirements for d

Customer Question

What happens when you get a first time dui in Kansas. I Meet all of the requirements for diversion. I have a Missouri License.

I know I won't be able to drive for thirty days. Will I have to get an interlock device. If I am able to get a diversion will my insurance rates go up?
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Stevexo replied 2 years ago.
Steven T Greene Esq. Qualified as an expert in Criminal Law,30 years of Criminal Defense trial work.You are extremely lucky to have your DUI in Kansas it is the only State I ko of where they offer a diversion program for a DUI. In fact in Florida where I practice you cannot even withhold an adjudication of guilt on a DUI. So it is a great way to handle the DUI. If as you stated this is a first DUI, and no priors and you have never been in a diversion program before, and there was no accident or personal injuries you would qualify for the program and if successfully completed the DUI is dismissed. You should not have the interlock device as that is for a person that blew a .15 or above, and is part of their sentence, and is installed after the one year license suspension. You will have to do a drug and alcohol program, pay a fee for the program and must be clean of alcohol and drugs and are subject to random urinalysis. Then if completed it is dismissed. This is an excellent way to go and you get a dismissal without the risk of a trial. Now there are other things that can happen as you have asked and they are independent of a DUI conviction. The bureau of motor vehicles will still suspend if an unlawful blood alcohol or a refusal. This is administrative and has nothing to do with a conviction. Also even if not convicted an insurance company can still use this as a basis to raise your rates, but most do not penalize the person as if it actually was a conviction. Also the administrative suspension in Kansas, will also suspend your Missouri license for the same period of time, and that is not dependent on a conviction. Good Luck, Steve
Customer: replied 2 years ago.


Thanks for the response.I did have one follow up question. As I understand it, Kansas Driver Control will share the information with Mo. Driver Control ( State where my current license is ) According to the Interstate Drivers License Compact I would be penalized under the DMV rules for Missouri not Kansas ( I understand the criminal proceedings would be Kansas Laws) Kansas DMV penalty in my case is 30 days no driving and 180 days with interlock. Mo. 30 days no driving and no interlock. Would I get the Mo. DMV Penalty?

Expert:  Stevexo replied 2 years ago.
That is an excellent question. What the compact directs your home state to do, is to apply the same penalty in your home state, that you would relieve for that offense in the home state, for the offense committed in the other state. Thus the DUI in Kansas would result in the same suspension and interlock period as the state of Missouri would have imposed for a first offense DUI in that state. Thus if for a first in Missouri it is no interlock, and 30 days suspension, that is what your home state will impose. Hope this helped, Steve ps, Please rate, as without it, I get no compensation.
Stevexo, Criminal Attorney
Category: Criminal Law
Satisfied Customers: 1000
Experience: Thirty years Criminal Defense
Stevexo and 3 other Criminal Law Specialists are ready to help you
Expert:  Stevexo replied 2 years ago.
Thanks!

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