Strategic Defense for Underage DUI Charges in Kansas
April 7, 2025
Being charged with a DUI (driving under the influence) as an underage driver is a serious matter that can have significant consequences, both legally and personally.
If you or someone you know is facing such charges in Kansas, it's essential to understand the gravity of the situation and the various strategies available for defending against the charge.
At Chahine Legal LLC in Lawrence, Kansas, I know how intimidating it can be to face DUI charges, especially if you're underage. DUI law is often complicated, and an underage DUI charge can carry additional consequences compared to charges involving adult drivers.
In Kansas, the laws surrounding DUI for minors—those under the age of 21—are very strict. In fact, any detectable amount of alcohol in the system of an underage driver can result in DUI charges.
As your DUI attorney, it’s my job to help you understand your rights, build a strong defense, and fight for the best possible outcome in your case. I’ll walk you through the critical aspects of underage DUI charges in Kansas and discuss the defense strategies that may apply to your situation.
Kansas Underage DUI Law
In Kansas, the DUI laws are strict for all drivers, but they are even more severe for individuals under the age of 21. Kansas follows the "zero tolerance" policy for underage drinking and driving, meaning that any detectable amount of alcohol or drugs in a minor’s system while driving can result in DUI charges.
The legal BAC (blood alcohol concentration) limit for minors in Kansas is 0.00%. This means that a minor driver doesn’t need to be over the standard 0.08% BAC limit to face DUI charges—any trace of alcohol or drugs in the system can lead to an arrest.
Additionally, DUI charges in Kansas for underage drivers can result in severe consequences such as license suspension, fines, mandatory education programs, and possibly even jail time.
Understanding the full scope of underage DUI laws is vital to developing a solid defense strategy.
Kansas law enforcement takes DUI law seriously, especially when it involves minors, which means that the prosecution will aggressively pursue the charges. That said, there are several ways to defend against these charges, and it’s critical to work with a skilled attorney who can identify the best path forward for your case.
Possible Defenses Against Underage DUI Charges
While the legal consequences of an underage DUI charge in Kansas can be severe, there are various defense strategies that can be used to challenge the charges.
In my experience as a criminal defense attorney, I’ve seen numerous cases where a strong defense has resulted in reduced charges or even complete dismissal. Below are some of the most common defense strategies that might apply in underage DUI cases.
Challenging the Accuracy of the Breathalyzer or Blood Test
One of the primary methods that law enforcement uses to detect alcohol in a driver’s system is through breathalyzer tests or blood tests. These tests aren’t infallible, and they are subject to errors.
For example, breathalyzers can be influenced by factors such as the presence of substances like mouthwash or certain foods that can affect the reading. Furthermore, if the breathalyzer wasn’t calibrated properly or if the officer didn’t follow proper procedures, the results may not be reliable.
Similarly, blood tests can be challenged on grounds of improper handling, contamination, or delays in processing.
In these cases, I may be able to argue that the test results are inaccurate and that the evidence used to support the DUI charge should be deemed unreliable. If the test results are excluded, it may significantly weaken the prosecution’s case.
Inaccurate Field Sobriety Tests
Field sobriety tests (FSTs) are commonly used by officers to assess a driver’s impairment. While these tests are a key component of DUI law enforcement, they aren’t always accurate.
Several factors can affect the results of a field sobriety test, including medical conditions, age, or nervousness. In Kansas, an underage driver may have difficulty performing these tests due to physical or psychological factors unrelated to alcohol consumption.
If the officer didn’t have reasonable suspicion to ask for the field sobriety test or if the test was conducted improperly, there may be grounds to challenge the validity of the results.
For example, if you were asked to perform the tests under poor weather conditions, on uneven ground, or while experiencing a medical condition that impaired your ability to complete the test, this could form the basis of a defense.
In such cases, I would examine the circumstances under which the tests were administered and work to suppress any unreliable results.
Lack of Probable Cause for the Stop
In order for law enforcement to pull you over and administer a DUI test, they must have probable cause to believe that you’re violating the DUI law.
In many cases, the officer must observe behavior that indicates the driver is impaired or otherwise violating traffic laws before initiating the stop. If the officer didn’t have reasonable suspicion or probable cause to stop you, then the arrest could be challenged.
For example, if the officer pulled you over based on vague or non-specific behavior, such as driving at night without any observed erratic movements, this could be grounds to contest the legality of the stop.
If the stop wasn’t lawful, then any evidence obtained after the stop, including breathalyzer results or field sobriety tests, may be inadmissible in court.
Illegal Search and Seizure
In some cases, an officer may conduct an illegal search of your vehicle after pulling you over for a suspected DUI. Under the Fourth Amendment of the U.S. Constitution, law enforcement is required to have a valid reason to search your vehicle without a warrant.
If the officer conducted a search of your car without your consent or without a valid reason (such as probable cause), any evidence obtained from that search may be inadmissible in court.
If the officer violated your rights by conducting an illegal search, I would challenge the admissibility of any evidence obtained from the search and argue that it should be excluded from your case. If crucial evidence is suppressed, this can significantly weaken the prosecution's case against you.
No Alcohol Consumption
In some underage DUI cases, a minor may be arrested despite having no alcohol in their system.
It’s important to recognize that DUI charges for minors can arise from the mere presence of alcohol or drugs in a minor’s system, even in trace amounts. However, if there was no alcohol consumption prior to being stopped, it may be possible to present a defense that the DUI charge is based on a misunderstanding or error.
In cases like this, I would gather evidence such as witness testimony, time of the alleged offense, or the location where you were stopped to demonstrate that you didn’t consume alcohol or drugs before the arrest. If we can prove that no alcohol or drugs were involved, it may lead to a dismissal or reduction of the charges.
Plea Negotiations and Reduced Charges
In some situations, a defense strategy might include negotiating with the prosecution to reduce the charges or penalties associated with a DUI conviction. This can happen if there is a weakness in the prosecution’s case or if you have a clean record and the DUI offense is your first one.
In these cases, I might be able to secure a plea agreement where the DUI charge is reduced to a lesser offense, such as reckless driving or another non-alcohol-related violation.
While this doesn’t completely eliminate the legal consequences of a DUI charge, it can lead to less severe penalties, including fewer points on your driving record and a reduced likelihood of license suspension or jail time.
Plea negotiations can be an important part of a DUI defense strategy, especially if the evidence against you isn’t overwhelming.
Consequences of an Underage DUI Conviction in Kansas
Even if you aren’t able to successfully avoid a conviction for an underage DUI charge, it’s important to understand the potential consequences. In Kansas, the penalties for an underage DUI conviction can be severe. These can include:
License suspension – A conviction may lead to the suspension of your driver’s license for a period of time.
Fines – You may be required to pay significant fines as part of the conviction.
Mandatory alcohol education programs – In some cases, the court may require you to attend alcohol education or rehabilitation programs.
Criminal record – A DUI conviction will become part of your criminal record, which can have long-term consequences on your ability to obtain employment or attend college.
The First Steps
If you’re facing underage DUI charges in or near Lawrence, Kansas, don’t hesitate to reach out to me at Chahine Legal LLC. I’m proud to serve the surrounding areas of Olathe, Overland Park, and Lenexa. Contact me today for a consultation.