Kansas Drunk Driving Defense Attorneys
- Emporia
- Stanley Ausmus:
If you have been charged with a crime, you may be unsure of the next step to take, or you may not be aware of what your rights are under the law. When you are charged with a crime, it is important to hire an attorney as soon as possible to preserve your rights. Criminal cases are often won or lost within the first few hours after arrest. Do not answer questions from the police without your attorney present. Do not volunteer any information, no matter how innocuous it may seem at the time.
- Independence
- Sally Pokorny:
Even if you have not yet been charged with a crime and only suspect that an investigation is being launched against you, or if you are completely innocent, it is essential to contact an experienced criminal defense attorney immediately.
- Kansas City
- Reginald Davis:
Criminal charges, whether felony or misdemeanor, are very serious matters and must be dealt with immediately and thoroughly. Things can be done to protect you and your rights, but you need to find an attorney you can trust as early in the process as possible.
- Law Office of David M. Lurie:
Over more than the past two decades I have discovered that what usually makes
people scared, anxious or confused is lack of knowledge. Get not only dynamic
representation grounded in more than 20 years of experience, but the knowledge
you need to give you peace of mind.
- Paul Burmaster:
Traffic and criminal laws are different in every State. Our firm
practices in Kansas and Missouri. This section will give an overview
of the law on DUI in Missouri. It will cover deadlines, the basic
penalties, the ways or options you have to resolve a DUI, and other
important issues including insurance. Keep in mind that the law is
constantly changing and this web site cannot and should not replace
competent legal counsel. If you have a DUI, call a qualified,
experienced attorney immediately.
- Lawrence
- Kevin Kelly:
If you are tested with a blood alcohol content of .08% or higher- after July 1, 1993- within two hours of operating or attempting to operate a motor vehicle, that is considered sufficient intoxication to create the presumption of Driving Under the Influence (DUI). Evidence in addition to a breath test- such as field coordination tests, the defendant's appearance and manner, statements, and similar considerations- can also be used to "make a case" against a defendant accused of DUI, including against those who have refused to take a breath test (such a refusal can also be used as evidence against a DUI defendant).
For a person less than 21 years of age who is charged with a DUI, the breath alcohol content level for a "presumption" of DUI is .02 %, significantly less than the .08% for those over 21.
A refusal to take and complete a breath test, blood test, or urine test when properly requested by an arresting officer may result in the suspension of a person's driving privileges for one year. A failure of the test may result in a 30 day suspension period followed by a 330 day restriction period.
Some period of suspension or revocation of the defendant's driving privileges is required on the occurrence of the refusal or a failure of a properly requested breath test, even if there is no actual conviction.
- Michael Clarke:
It is per se illegal to drive
a vehicle in Kansas with a
blood alcohol level of
0.08 or more. However,
did you know that there
are other reasons for
which you can be
convicted? For example,
you can be convicted of
DUI if the prosecution can
prove that, regardless of
your blood alcohol level,
you were under the
influence of alcohol
and/or drugs to a degree
that rendered you
incapable of safely
driving a vehicle. See
K.S.A. 8-1567.
- Manhatten
- Troy V. Huser An
experienced attorney can review the case for defects, suppress evidence, compel
discovery of such things as calibration and maintenance records for the breath
machine, have blood or chemical samples independently analyzed, negotiate for a
lesser charge or reduced sentence, obtain expert witnesses for trial, contest
the administrative license suspension, etc.
- Olathe
- Robert McRorey:
Criminal charges are not the same as a criminal conviction.
- Trey Pettlon:
Being charged with drunk driving carries risks of heavy fines and other punishments, including jail! Having an experienced DUI / DWI law attorney on your side is vital.
When charged with drunk driving there are a limited number of days to challenge the suspension of your driver's license and to preserve all of your rights and defenses.
Potential punishment includes revocation of your license, jail time, a criminal record, and fines that could reach thousands of dollars.
- Paul Cram:
Many people who have been arrested recall the officer telling them: If you work with us, we can make things easier for you. But the officer has absolutely no authority to make things easier for you once he or she sends the report to the prosecutors office. Any perks you get for cooperating with the police (cup of coffee? cigarette?) end at the police station door.
- John Harvell:
As a general rule, before conducting a search or seizing property, law
enforcement officers must obtain a warrant based on probable cause.
Otherwise, the search or seizure may be presumed to be unreasonable.
However, given the numerous circumstances that may be involved in a
search, the Supreme Court has identified several exceptions that
provide officers additional flexibility, specific to certain scenarios.
For instance, when officers arrest an individual, they may conduct a
warrantless search of all areas within the arrestee's wingspan as a
precautionary measure to promote officer safety.
- Scott Gyllenborg:
The stakes in a DUI case are high in Kansas. Mandatory minimum jail sentences
for a DUI conviction extend from 48 consecutive hours to 90 consecutive days.
Mandatory minimum fines range from $200 to $1,000. Mandatory minimum
suspensions of driving privileges extend from 30 days to one year. And a third
or subsequent conviction for DUI within five years is a felony conviction, and
will lead to a minimum three-year revocation of the client's driving privileges
as a "habitual violator." All of these consequences can have a devastating
effect on the client's ability to raise a family and maintain employment. And
the law of Kansas does not provide for "hardship" driving privileges during
suspensions that allow the client to drive to and from work or school.
- Jay Norton:
The goal of our law firm in representing a DUI client is to get a dismissal of
the charges, an acquittal at trial, or a non-DUI disposition (i.e., plead
guilty to reckless driving or driving while suspended). While this is not
always possible, we don't stop fighting until our clients tell us to.
- Darrell Smith:
- Ensure the evidence against you is collected and preserved in a legal manner
- Ensure that your constitutional rights are upheld
- Ensure that you are provided a fair trial
- Appeal any errors committed by the court or its participants.
- Overland Park
- Bradley Peterson:
People are arrested every day for driving under the influence (known in some areas as driving while intoxicated, or DWI). You may be embarrassed, but the potential consequences are too great to delay calling a DUI attorney. You might lose your driverıs license, serve jail time, pay steep fines and see your car insurance skyrocket.
Even if itıs your first offense, you might lose your license for 270 days and spend two days or more in police custody (jail). If you are convicted of a second offense, jail time is a minimum of 5 days plus up to 90 days of house arrest. And every conviction within a certain period of time counts toward a severe restriction on your driving privileges -- up to 5 years of suspension.
The penalties will depend on your particular circumstances.
NOTE: If you are under the age of 21, any alcohol in your system is considered a DUI in Kansas, even if your blood alcohol content is below the adult threshold of .08 percent.
- Kopecky Law Office:
If convicted of a DUI in Kansas pursuant to K.S.A. 8-1567.
A 1ST CONVICTION is considered a Class B nonperson Misdemeanor with a length of confinement of 48 hours to 1 year in jail. The minimum sentence is 48 consecutive hours in jail with a fine between $500-$1,000. The Court has the discretion to allow a defendant to perform 100 hours of community service in lieu of serving the mandatory 48 consecutive hours in jail.
A 2ND CONVICTION is considered a Class A nonperson Misdemeanor with a length of confinement of 5 days to 1 year in jail. The minimum sentence is 5 days in jail with a fine between $1,000-$1,500. The Court has the discretion to allow a defendant, after the defendant spends 48 consecutive hours in jail, to serve the remainder of the mandatory sentence under house arrest or on work release.
A 3RD CONVICTION is considered a Non Grid Felony with a length of confinement of 90 days to 1 year in jail. The minimum sentence is 90 days in jail with a fine between $1,500-$2,500. The Court has the discretion to allow a defendant, after the defendant spends 72 consecutive hours in jail, to serve the remainder of the mandatory sentence on work release.
A 4TH CONVICTION or more is considered a Non Grid Felony with a length of confinement of 90 days to 1 year in jail. The minimum sentence is 90 days in jail with a fine of $2,500.
- Mark Hagen:
About D.U.I. / D.W.I.
What is driving while intoxicated or driving under the influence of drugs or alcohol?
In Kansas and Missouri, a charge of driving while intoxicated is a serious offense, particularly if there has been an accident with personal injuries. Both states mandate that a blood alcohol level of 0.08% constitutes driving while intoxicated.
What happens in a DWI/DUI police stop?
If the police believe that there are reasonable grounds to believe that you are operating or attempting to operate a motor vehicle while under the influence of drugs or alcohol, they can detain you and ask you to submit to field sobriety tests.
Do I have the right to an attorney if I'm stopped by the police and asked to take field sobriety tests?
No.
If I fail the tests, what next?
These tests are scored based on your performance of each of these field tests and together with the officer's own observations, may result in your arrest and booking. During this booking phase, you will be asked to submit to a chemical test to determine the level of alcohol in your system.
What if I refuse the chemical test?
There is no absolute answer to this question and the unique facts surrounding your case will dictate whether or not it is appropriate to refuse the chemical (breath, blood or urine) test.
How does this impact my driving privileges?
Typically, the first offense results in a loss of driving privileges for a period of one year, in which the first thirty days permit no driving at all, followed by limited driving for the remainder of the one-year suspension. Subsequent arrest and convictions have more severe driver's license implications. To ensure the state properly respects your rights, you must request an administrative hearing within 10 days in Kansas and within 15 days in Missouri or the suspension is automatic.
- Trent Besse:
Driving under the influence charges are serious matters, and deserve serious legal analysis. Under state law, you could be sentenced to up to one year in jail for a first or second offense, and the third offense in your lifetime is a felony, carrying even stiffer penalties (K.S.A. 8-1567). In addition, there are mandatory driver's license penalties for driving under the influence, including a suspension on a first offense (K.S.A. 8-262), and a restriction after the initial suspension. Depending on your circumstances, you may be declared a habitual violator, and face up to ten years of mandatory driver's license suspension. If you have been cited with a DUI recently, call me immediately, there are very short time limitations to protect your rights. These are all issues you need to discuss with an experienced attorneyright away.
- Brian Leininger:
DUI is no longer a minor traffic offense. Even a first conviction carries mandatory jail time, a high fine, and a suspension of your driver's license. This will impact your ability to maintain insurance, continue your education and obtain or hold a job. You need a lawyer who is highly trained and experienced in this area.
- Former Defense Attorney: Not
only does the individual in this predicament face the prospects of jail, but
losing one's driver's license in today's society is a serious impediment to
every day life. Those arrested for DUI do not have long to act in order to
preserve their driving privileges, call a lawyer today.
- Lou Wexler:
The consequences of being charged and convicted of DUI are serious. In recent
years, public sentiment has continued to prompt legislators to enact more
severe penalties.
- Prarie Village
- Topeka
- Douglas Wells:
DUI defense and driver's license suspension hearings have become
complex with the use of breath test machines and standardized field
sobriety tests. Unless the reliability of a breath test is
challenged, the breath test can convict you. Plea bargaining for the
purpose of minimizing mandatory penalties is prohibited. Convictions
require mandatory penalties and driver's license
suspensions/restrictions. These changes in DUI technology and the law
make it important for you to obtain an attorney who had advance
training, experience, and knowledge of DUI technology and law.
- Wichita
- Verlin Ingram:
Do not plead guilty to any DUI or other traffic violation occurring in Wichita, or in cities located in Sedgwick County, Kansas or the surrounding areas ...
- Hulnick Law Offices;
In Kansas, the charge of Driving Under the Influence of Alcohol or
Drugs (DUI) means that you operated or attempted to operate a vehicle
when, because of the ingestion of drugs or alcohol, you were incapable
of safely doing so. This incapability may be shown either by proving
that your blood alcohol level was .08 or above, and/or from other
evidence, such as poor performance on field sobriety tests, poor
driving skills, your physical appearance, and statements that you made
to the officer.
- Jon Womack:
The U.S. Supreme Court has generally interpreted the Fourth Amendment prohibition against "unreasonable searches and seizures" to impose a warrant requirement upon police officers who wish to perform a valid search or arrest. However, the Court has carved out some exceptions to the warrant requirement, which make certain "seizures" constitutionally permissible in the absence of a warrant.
- Falk & Owens:
1. Right to an Attorney - Defendants have the right to an attorney
throughout legal proceedings. The court will appoint an attorney for the
defendant at no charge if they cannot afford to hire one. Yet, at the end of
the case, they may be asked to pay all or part of the cost for that
attorney, if they can afford to.
2. Right to a Jury Trial -
Defendants have the right to a speedy, public jury trial. At the trial, the
defendant is presumed innocent, and cannot be convicted unless 12 impartial
jurors are convinced of the defendantıs guilt beyond a reasonable doubt.
3. Right to Confront Witnesses
- Defendants have the right to confront and cross-examine all witnesses
testifying against them.
4. Right Against Self-Incrimination
- The defendant has the right to remain silent and not incriminate
themselves, and the right to testify on their own behalf.
5. Right to Produce Evidence -
The defendant has the right to present evidence and to have the court issue
a subpoena to bring into court all witnesses and evidence favorable to them,
at no cost to them.
- Coombs & Durrett:
Every state makes it a crime for a driver to operate a vehicle (car, motorcycle or commercial vehicle) while under the influence of alcohol or drugs. Commonly called driving under the influence (DUI), this offense may also be called driving while intoxicated (DWI), operating under the influence (OUI) or operating a motor vehicle intoxicated (OMVI).
There are two situations when a driver can be arrested and convicted for DUI:
1. When the driver is unable to operate a vehicle safely as a result of being impaired by alcohol, illegal drugs, prescription medications (e.g., painkillers) or over-the-counter medications (e.g., antihistamines); or
2. When the driver is operating a vehicle above the state's set blood-alcohol concentration (BAC) standards.
A driver's first DUI conviction is normally charged as a misdemeanor, but may increase to a felony in some states if someone was injured or if it is a repeat offense. For example, DUI may be charged as a felony in California if the accused has three or more prior DUI convictions.
- David Leon:
Officers employvarious methods of analysis to determine
sobriety,including requiringsuspects to walk a straight line,
touchtheir nose, recitetheir home address and submit to blood, urine
or breath analyses. However, the debate continues as to whether police
officers should be permitted to determine a suspect's intoxication.
Proponents of officer testing argue that due to the epidemic nature of
alcohol-related highway dangers, officer testing is necessary and
sufficiently reliable.
- McDowell Chartered:
DUI & Traffic Matters
Unfortunately, even the most careful driver, whether 16 or 65, will occasionally get a traffic infraction. Whether it's speeding or DUI, traffic matters can wreak havoc with your schedule and your driver's license.
- Fischer & Putzi:
Dealing with a criminal charge is never easy, and it is often frightening. You need a lawyer with knowledge and experience who will protect your rights. We defend clients on every type of criminal charge, including domestic violence, white collar crimes (fraud), narcotics, juvenile offenses, sex crimes, homicide, and DUI/DWI.
- Jay Greeno:
Police officers and other government employees are required to follow certain rules when they obtain evidence from you to be used at your trial. These rules are found in the 4th Amendment to the U.S. Constitution, and in the many Supreme Court cases interpreting the constitution. If the police do not follow these rules, any evidence they obtain cannot be used against you in court.
Back to Drunk Driving Defense Attorneys
|