Forensic Lawyer-Scientist Training for High-BAC DUI Defense
A reported blood or breath alcohol concentration of 0.15 or greater can put both your criminal case and driving privileges at issue. Although this is often called an aggravated DUI, Kansas generally treats the result as a factor that increases administrative license and ignition-interlock consequences, not as an automatically separate criminal offense.
We represent Topeka drivers in DUI cases, examining the stop, arrest, field sobriety testing, and chemical test. We also consider prior DUI convictions or diversion agreements and any notice concerning your driving privileges.
Call (785) 645-2732 to discuss the reported test result, your arrest paperwork, and any approaching Kansas Department of Revenue deadline.
How Kansas Treats a DUI With a BAC of 0.15 or Greater
K.S.A. 8-1567 defines DUI through a prohibited alcohol concentration, impairment by alcohol or drugs, or a combination that leaves a person incapable of driving safely. The criminal classification and potential penalties depend on the charge, the number and timing of prior convictions or qualifying diversion agreements, and other case facts. Under the current statute, a fourth or subsequent DUI conviction is classified as a felony.
A result of 0.15 or greater also creates a separate administrative concern. For a first occurrence involving such a result, Kansas law provides for a one-year suspension followed by an ignition-interlock restriction, subject to statutory requirements. An ignition interlock device requires a qualifying breath sample before the vehicle can start.
Criminal & Administrative Proceedings Are Separate
The criminal case and Kansas Department of Revenue proceeding follow separate paths. A license suspension can take effect before the criminal charge is resolved, and the outcome of one proceeding doesn’t automatically decide the other.
The 14-Day Administrative Hearing Deadline
A driver served with an officer’s certification concerning an alcohol-related occurrence generally has 14 calendar days from service to request a Kansas Department of Revenue administrative hearing. The hearing may address the legal basis for the stop and arrest, required notices, testing procedures, and reported alcohol concentration. Missing the deadline can limit the opportunity to challenge the administrative action.
Evidence We Examine in a Topeka DUI Case
A result above the 0.15 threshold doesn’t resolve every legal question. The prosecution must still prove the required elements using admissible evidence. The reliability and legal use of breath or blood test results may require close examination.
Important areas for review can include:
The traffic stop: The officer’s stated reason for stopping the vehicle and any available video or digital evidence.
The arrest decision: Officer observations, statements attributed to the driver, and the administration of field sobriety tests.
The chemical test: Collection methods, equipment records, laboratory procedures, and the time between driving and testing.
The broader case: Prior history, refusal allegations, accidents, injuries, property damage, and additional charges.
Attorney Andrew Vinduska has worked as a public defender, prosecutor, and criminal defense attorney. On June 19, 2024, he earned the ACS-CHAL Forensic Lawyer-Scientist Designation after training in forensic chromatography, forensic drug analysis, and forensic principles of drugged driving. That scientific training informs our evaluation of testing evidence.
“Seth and Bella worked wonders, securing a DUI diversion agreement and dismissing my hearing. Worth every penny—highly recommend Addair Law!”
Josh B.
“Top Legal Support at Fort Riley”
“Addair Law offers outstanding service to servicemembers. Mr. Vinduska and Sherilyn handled my case with expertise and care, ensuring a positive outcome.”
Reymond R.
“Outstanding Legal Support”
“Kyli at Addair Law went above and beyond, offering quick, compassionate help with my legal issue in Hiawatha, Kansas. I'm forever grateful for her support!”
Nicole M.
“A Life-Changing Legal Victory”
“Facing serious charges? Andrew Vinduska of Addair Law delivers exceptional representation, turning tough cases into second chances.”
Addair Law represents clients in DUI matters throughout Kansas, including Shawnee County. Each attorney concentrates on one or two practice areas, allowing our criminal defense attorneys to devote focused attention to the law and evidence involved in these cases.
We keep clients informed, answer questions about both proceedings, and develop strategies around the circumstances of each case. Representation is available in English and Spanish. We also offer secure virtual consultations when an in-person appointment isn’t practical.
How We Review a DUI With a Reported BAC Over 0.15
We begin by listening to your account and identifying immediate concerns involving the criminal charge and your driving privileges. Our review may cover police reports, charging documents, body-camera or dashboard-camera footage, test records, and the notice of suspension.
We compare the available evidence with what Kansas law requires the prosecution to prove. We also evaluate whether the case involves a refusal allegation, an accident, other charges, or prior DUI convictions and diversion agreements. These details shape the strategy we develop with you.
Preserve every document provided during or after the arrest, including temporary driving paperwork and hearing-request information. Before discussing the incident with law enforcement or other parties, speak with counsel about how those statements could affect either proceeding.
Built on Integrity, Commitment, and Client-Centered Care
What Sets Addair Law Apart?
Bilingual Representation
We provide legal services in both English and Spanish to ensure clear communication and personalized guidance for every client.
Convenient Virtual Consultations
Access legal support from the comfort of your home with secure virtual consultations, tailored to fit your schedule.
Client-Centered Solutions
Our approach prioritizes your needs and goals, with strategies designed to achieve the best outcomes for your unique situation.
Trusted Local Expertise
With a deep understanding of the law and our community, we’re committed to protecting your rights and advocating for you every step of the way.
Act Before Your Court or Administrative Deadline Passes
The reported BAC, testing method, prior history, arrest documents, and upcoming dates can affect the issues requiring immediate attention. Contact us for a one-on-one consultation about an aggravated DUI allegation in Topeka. We serve clients across Kansas and can meet in person or through a secure virtual consultation, with communication available in English or Spanish.
What to Gather Before Your Consultation
Bring any paperwork you received during or after the arrest, along with the details you remember about the stop and testing.
Be prepared to discuss:
The reported alcohol concentration, the type of test used, and how long after driving the test occurred.
The date you received a notice of suspension, temporary driving document, citation, or complaint.
The officer’s observations, any field sobriety testing, and statements attributed to you.
Any prior DUI case, refusal allegation, accident, injury, property damage, or additional criminal charge.
