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Kansas Drunk Driving Defense Attorneys

1. Norton, Hubbard, Ruzicka & Kraemer: Being accused of or charged with a crime can alter the entire course of your life. You may be facing large monetary fines and / or jail time.
2. Augusta
   1. Baker, Cami: * Estate Planning * Probate Administration * Bankruptcy * Divorce * Business * Real Estate * Criminal Law * Personal Injury
3. Clay Center
4. Derby
   1. Craig, Walter: DUI/DWI, traffic offenses, and other misdemeanors
5. Emporia
   1. 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.
6. Independence
   1. 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.
7. Gardner
   1. Mark Lewis: If you have been charged with a crime, the last thing you want is a lawyer who will leave you alone with empty promises about your case.
   2. Vega Law Offices: handles criminal defense of drunk driving citations, as well as other traffic offenses, such as speeding, reckless driving and hit-and-run. Contact an experienced DUI lawyer immediately to protect your rights if you are arrested for driving under the influence or another traffic violation. The consequences of a conviction are too severe -- it can affect your insurance, your driver’s license, job applications and possibly your freedom. If you are charged in Kansas with drunk driving, you must file with the state within 10 days to request a hearing for limited driving privileges.
8. Girard
   1. Gayoso Law Office: The Gayoso Law Office is synonymous with a successful defense of every type of criminal case. We are known for lengthy and thorough pretrial challenges, motions, trial preparation, trial strategy, juror selection, and every aspect of defending an accused. Our office has represented many individuals accused of crimes who received substantially reduced criminal responsibility often directly as the result of a zealous defense, both in law and fact. Our office handles matters such as drug offenses, driving under the influence, person and non person felonies and misdemeanors, and simple traffic offenses. Criminal law involves prosecution by the State of a person for an act that has been classified as a crime. In a criminal case the State, through a prosecutor, initiates the suit. Persons convicted of a crime may be incarcerated, fined, or both. A "crime" is any act or omission (of an act) in violation of a public law forbidding or commanding it. Most crimes in the United States are established by local, state, and federal governments. Criminal laws vary significantly from state to state. Crimes include both felonies (more serious offenses -- like murder or rape) and misdemeanors (less serious offenses -- like simple battery or criminal trespass). Felonies are usually crimes punishable by imprisonment of a year or more, while misdemeanors are crimes punishable by less than a year. Prosecutors have to prove each and every element of the crime to yield a conviction. Furthermore, the prosecutor must persuade the jury or judge "beyond a reasonable doubt" of every fact necessary to constitute the crime charged. Criminal law is an exhaustive and complicated area. An individual under investigation should know his/her rights.
9. Kansas City
10. Lawrence
11. Leawood
    1. Cavanaugh, Kevin: Kansas DUI Overview In Kansas, the charge of Driving Under the Influence of Alcohol or Drugs (DUI) alleges that your Blood Alcohol Concentration (BAC) was .08% or greater within two hours of operating or attempting to operate a vehicle or that you operated or attempted to operate a vehicle while under the influence of alcohol, drugs or any combination of alcohol and drugs to a degree that rendered you incapable of safely doing so. Because Kansas law provides for conviction under either "prong" of this split standard, thorough and aggressive defense of a DUI charge requires the skills of a qualified Kansas DUI defense lawyer. Kansas DUI cases are procedurally consistent with any other criminal charge in that the prosecution bears the burden of proving the charge "beyond a reasonable doubt." However, because of an increased public intolerance of drinking and driving, defending against a Kansas DUI charge has become increasingly more complicated, and the penalties for conviction have become much more serious. In order to defend against a Kansas DUI case, your lawyer must be ready and able to attack the Prosecutor's evidence of intoxication. There are a number of possibilities that an experienced, thorough DUI defense attorney can pursue in order to defend the client. Countless DUI cases have been won by contesting the constitutionality of any stops, searches and seizures; challenging the precision and proficiency with which the arresting officer conducted the field sobriety tests; challenging the training and experience of the individuals who conducted any chemical tests as well as the test results themselves; and by testing the credibility and reliability of the statements of any witnesses. Contact me, Kevin Stuart Cavanaugh, at 913-290-0938. DUI and Your Driver's License Kansas DUI/DWI arrests give rise to two distinct and separate aspects of your case: * the criminal proceedings, which are resolved in the municipal or district court where the case is charged and can result in fines and/or jail time; and * the administrative proceedings, which can result in the suspension of your driving privileges. It is extremely important to pay attention to both the criminal court case and the administrative driver's license case, as the deadlines, rules, procedures and burdens of proof are entirely different. At the administrative level, the term of suspension that you face depends upon several factors: whether you failed the chemical test or whether you refused to submit to it; whether this is your first or subsequent test failure or refusal; and whether you are over or under 21 years of age. The time of suspension of driving privileges, depending on these factors, ranges from 30 days to permanent revocation of driving privileges. Kansas DUI law provides you with the right to an administrative hearing wherein you or your lawyer can challenge the grounds upon which your license is suspended. If you request an administrative hearing in a timely manner, your driving privileges cannot be suspended until a decision has been made by the hearing officer. In other words, the validity of your temporary driving privileges is extended until after the hearing, which is frequently scheduled months after the request. Prior to the hearing, you can subpoena certain documents and witnesses who may have information about your case. At the hearing, a number of issues can be raised in your defense, depending on the facts of your case. These issues include * whether or not the officer had reasonable grounds to believe that you were operating or attempting to operate a vehicle while under the influence of alcohol or drugs * whether you were given the legally required notices before being asked to submit to testing * whether your actions constituted a legal refusal to take the test * whether the testing equipment and the officer operating the machine were certified by the Kansas Department of Health and Environment (KDHE) * other due process or other constitutional issues. If you are successful at the hearing, or if the officer fails to appear without requesting a continuance of the hearing in writing, your license may not be administratively suspended at all. However, you must send a letter requesting an administrative hearing to the Kansas Department of Revenue within 10 court days of the day you received the DUI or your driving privileges will automatically be suspended, period. Thus, it is critical that you obtain the services of a well-qualified Kansas DUI defense lawyer as soon as possible after the arrest. Another very important consideration is the fact that the Department of Revenue may also suspend your driving privileges if you are ultimately "convicted" of DUI or plead "guilty" to DUI at the Court level - regardless of the outcome you achieved at the Administrative Hearing. Even if the certifying officer fails to appear at the Administrative Hearing and the order of suspension is technically "dismissed," if you later are convicted or enter a plea agreement at the Court level, you still face suspension of your driving privileges. In other words, to avoid suspension of your driving privileges completely in any DUI case, it is essential that you prevail at the Administrative Hearing and avoid conviction at the Court level. Potential Criminal Penalties Kansas DUI cases in criminal court may result in fines, jail time, court-ordered suspension of your driving privileges, and the potential impoundment of your vehicle. The amount of fine and the length of the jail sentence are determined, in large part, by whether you have previously been convicted, or placed on diversion for DUI. It no longer matters where or how long ago a prior conviction occurred. Now, all prior DUI convictions and DUI diversions count, regardless of where or how long ago they occurred. First Conviction A first conviction for DUI is a Class B misdemeanor offense. The potential sentence is up to but not more than six months in jail. If convicted, the defendant must serve at least 48 consecutive hours in custody as a prerequisite to probation, unless the court allows the person to complete 100 hours of community service instead of the mandatory minimum 48 hours in custody. The fine for a first conviction ranges between $500 and $1,000. At the administrative level, driving privileges are suspended for 30 days, followed by 330 days of restrictions for test failure. For a test refusal, driving privileges are suspended for a full year. The driver must undergo a drug and alcohol evaluation and will be required to successfully complete any and all treatment that is recommended by the evaluator. Second Conviction A second conviction for DUI is a Class A misdemeanor offense. The mandatory minimum underlying sentence is 90 days in jail; however, the sentence can be as long as one full year. The defendant must serve at least five consecutive days in custody as a prerequisite to probation, but the judge can order the defendant to serve 48 hours in custody followed immediately by at least 3 consecutive days of work release or house arrest to satisfy the 5-day requirement. As with a first offense, completion of a substance abuse treatment program is required. The fine for a second conviction ranges from $1,000 to $1,500.At the administrative level, driving privileges are suspended for one year followed by one year of ignition interlock restrictions for a test failure and driving privileges are suspended for a full two years for a test refusal. Third Conviction A third conviction for DUI is an "unscored felony" punishable by up to 12 months in prison. The mandatory minimum underlying sentence is 90 days; however, the judge can order the defendant to serve 48 hours in custody followed immediately by at least 88 consecutive days of work release or house arrest to satisfy the 90-day custody requirement. The fine for a third conviction ranges from $1,500 to $2,500. At the administrative level, the term of suspension for a test failure is the same as for a second offense: one-year suspension of driving privileges followed by one year of interlock restrictions. For a test refusal, the term of suspension is 3 years. Fourth Conviction A fourth conviction for DUI is also an "unscored felony." Like a third conviction, there is a minimum sentence of 90 days and a maximum sentence of 12 months in prison. A person convicted of a fourth or subsequent DUI, however, must serve 72 hours in jail before being eligible for a work release program. The fine for a fourth conviction is $2,500. Upon a fourth conviction, driving privileges are suspended for one year followed by one year of interlock restrictions for a test failure. For a test refusal, the term of suspension is 10 years. If there is a fifth conviction, driving privileges are permanently revoked regardless of whether the driver refused or failed the test. Please note that the foregoing information presumes that you submitted to the Intoxilyzer Test as requested, but "failed" the test by providing a sample of breath in excess of .08% alcohol - but less than .15% alcohol. The Kansas Legislature recently enacted significantly greater administrative penalties for drivers who either test at or above .15% alcohol or who refuse the Intoxilyzer test outright. Contact a Kansas DUI Lawyer with the experience and the dedication to get the best possible outcome in your drunk driving case. I offer a free initial consultation. For your convenience, I can accept major credit cards. Contact me, Kevin Stuart Cavanaugh, at 913-290-0938. Implied Consent: Should You Refuse a Breathalyzer? Sometime or another, we've all heard someone say, "If you're stopped for a DUI, don't blow and they can't convict you." The Intoxilyzer blood alcohol test results will usually be the strongest evidence against you in a DUI case. Without that evidence, what can the prosecutor do? Kansas has what's known as a dual standard for DUI prosecution - while a BAC reading of 0.08 will normally prove the prosecution's DUI case against you, it's not necessary. The alternative standard allows for reliance on "other evidence" such as you appearance, demeanor, odor of alcohol, actual driving behavior and performance on Standardized Field Sobriety Tests to show that you were incapable of safely operating your vehicle at the time of the stop. If you refuse a breathalyzer but submit to a field sobriety test that shows you staggering all over a highway shoulder - especially if your test is video recorded - or if your driving was erratic and your speech slurred, and you reek of alcohol on top of it, it may be easy for the prosecutor to prove your guilt even without an Intoxilyzer Breath Test result. In Kansas, you may refuse to submit to a field sobriety test and there is no implied consent penalty for this type of refusal. If you do not submit to this test, the police have no observed "tipsy" behavior to write down. Another consideration is the effect on your driver's license. If you refuse the breath alcohol test, you most certainly will have violated the implied consent law, which means that you're facing a driver's license suspension. If your priority is to avoid a criminal conviction, then refusal of the breath test may be your best strategy, particularly if you have enough sense at the moment to provide no other evidence of any kind. No field sobriety test, no statements to the police, nothing. Just bear in mind that refusal of the breath test may have far more severe implications with regard to your driver's license. NEVER TALK TO ANY POLICE OFFICER AT THE SCENE. NO CONVERSATION - PERIOD. If your main priority is to keep your driver's license and you have no prior alcohol-related driving occurrences and no other vehicle or accident is involved, then you may be better off to submit to the breath test and take your chances on the DUI charge in negotiations or at trial. There is no one right answer to the question: "To blow or not to blow?" The best strategy depends largely on the details of each individual's circumstances. Either way, you need the advice of an experienced Kansas City DUI defense attorney. Contact me at my office for a free consultation. DUI Diversion and Treatment Program If you need the advice of a Kansas City DUI lawyer about whether you might qualify for an alternative to criminal prosecution on a drunk driving charge, contact me for a free consultation. Although most the states do not have a program for alternative approaches to disposing of DUI charges, Kansas law provides a DUI diversion program for qualified defendants, which may present an option to mitigate the risk you may otherwise face. If you have never been convicted of DUI, have never before entered into a diversion contract following a DUI arrest, and were not involved in an accident or collision resulting in personal injury or death, you might be eligible to participate in a DUI diversion program under Kansas law. Kansas DUI diversion is essentially a contract between the municipal or county prosecutor and the person facing DUI charges. The defendant gives up the right to a speedy trial and to a jury trial, and obtains in exchange the opportunity to avoid a DUI conviction. Most Diversion agreements require the following: * Payment of a fee for participation in the program * Participation in either an alcohol or drug safety action program or a drug or alcohol treatment program, or both * Refraining from the use of alcohol and drugs * Regular reporting to a Diversion coordinator or monitor to confirm continued compliance with the Diversion program If you complete the Kansas DUI or DWI diversion program, the criminal charge of driving under the influence is dismissed. However, failure to complete the program and fulfill all of the terms of your diversion contract can result in reinstatement of the criminal case against you, no matter how much time has passed. Additionally, you will be tried on stipulated facts, which means that you will have no opportunity to cross-examine witnesses, present your own evidence, or mount any meaningful defense. If you are facing a first offense DUI charge in Kansas, the Diversion program may represent an excellent opportunity for you to keep your criminal record clean. Contact me, Kevin Stuart Cavanaugh, at 913-290-0938. Kansas Driver's License Suspension If you've lost your driver's license due to DUI or an implied consent violation, you need the help of an experienced and resourceful Kansas City driver's license suspension lawyer. Contact my DUI defense firm in Leawood for a free initial consultation. Effective July 1, 2007, the Kansas Legislature enacted several amendments to the state's DUI laws. These amendments also affect the statutory Administrative Suspension provisions. Essentially, the sentencing and suspension provisions are significantly greater for drivers who either refuse the Intoxilyzer test or provide a breath sample in excess of .15% alcohol concentration. First Offense: If a law enforcement officer is deemed to have valid "reasonable basis" to request that you submit to an Intoxilyzer test and you fail the test by providing a breath sample in excess of .08% alcohol - but less than .15% - the Kansas Department of Revenue can suspend your license for a 30-day period, followed by 330 more days of restricted driving privileges. Some defendants apply for unrestricted driving privileges following the 30-day suspension by requesting an ignition interlock device. If you test at or above .15% on a true first offense, or if you refuse the Intoxilyzer test, you face suspension of your driving privileges for a full year followed by an additional year of driving a vehicle only if it is equipped with an ignition interlock device. Second Offense: If you fail the test by providing a breath sample in excess of .08% alcohol - but less than .15% - the Kansas Department of Revenue can suspend your license for one full year. If you test at or above .15% on second offense, you face suspension of your driving privileges for a full year followed by an additional 2 years of driving a vehicle only if it is equipped with an ignition interlock device. If you refuse the Intoxilyzer test on a second offense, you face suspension of your driver's license for 2 years. Third Offense: If you fail the test by providing a breath sample in excess of .08% alcohol - but less than .15% - the Kansas Department of Revenue can suspend your license for one full year. If you test at or above .15% on third offense, you face suspension of your driving privileges for a full year followed by an additional 3 years of driving a vehicle only if it is equipped with an ignition interlock device. If you refuse the Intoxilyzer test on a third offense, you face suspension of your driver's license for 3 years. Fourth Offense: If you fail the test by providing a breath sample in excess of .08% alcohol - but less than .15% - the Kansas Department of Revenue can suspend your license for one full year. If you test at or above .15% on fourth offense, you face suspension of your driving privileges for a full year followed by an additional 4 years of driving a vehicle only if it is equipped with an ignition interlock device. If you refuse the Intoxilyzer test on a fourth offense, you face suspension of your driver's license for 10 years. Fifth Offense: If a law enforcement officer is deemed to have valid "reasonable basis" to request that you submit to an Intoxilyzer test and you fail or refuse the test, you face permanent revocation of your driving privileges. Contact me, Kevin Stuart Cavanaugh, at 913-290-0938. Written Request for Hearing Based on the foregoing, it is absolutely essential to put the Department of Revenue administrative hearing process into effect as soon as possible after a DUI arrest or implied consent violation. The only way to avoid the usual suspension penalties is to apply for a formal administrative hearing within 10 court days of the date you get the DUI. (The ONLY change in the law that is of benefit to Kansas drivers is that the Department of Revenue no longer counts Saturdays, Sundays and legal holidays against you in calculating the 10 day period in which to submit your written request for the hearing.) That will extend your temporary driving privileges until 30 calendar days after the date of the administrative hearing. It is also essential to defeat whatever DUI charges you are facing in connection with your arrest or implied consent violation. This is because the Department of Revenue may issue an Order of Suspension following formal Court Conviction for DUI - regardless of what happens at the administrative hearing. Think of it as though the Department of Revenue has 2 chances to suspend your license: once at the administrative hearing and again at court.
    2. Muxlow Law Group: When you have been charged with a traffic offense, you need intelligent & aggressive representation.   
12. Lexena
    1. McKee & Ireland: Traffic tickets, drug offenses, drinking and driving, and other criminal charges can change your life for the worse. It requires an aggressive attorney.
13. Manhatten
    1. Addair Thurston: Nobody wants to go to court. But when circumstances force you into an unfortunate legal entanglement, it pays to have strong counsel and representation on your side.
    2. Huser Law Office: 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. Never plead to an offense until you have talked to an attorney first, no matter how insignificant you think the offense is. Many crimes or traffic offenses have what is referred to as "collateral consequences", meaning things that happen as a result of your plea and the judge and prosecutor were not required to tell you about. For example: a first offense driving while suspended plea generally results in a fine, court costs and probation. However, what nobody tells the defendant is that independent of the court action, the Division of Motor Vehicles will suspend driving privileges for 90 days as a result of the plea. Many people have lost their jobs over such a plea. Driving Under the Influence : When a person is charged with Driving Under the Influence in Kansas, 2 separate cases are created and proceed independently of the other. The first is the criminal case, the second is the Drivers License hearing. When the arresting officer hands the driver the traffic citation, the DUI criminal case is started. When the arresting officer hands the driver the 8.5" x 11" pink piece of paper (referred to as a "DC-27" or "Law Enforcement Officer's Certification"), the DUI drivers license case is started. In Kansas, first offense DUI is a class B misdemeanor; second offense DUI is a class A misdemeanor; third, fourth and subsequent offenses are felonies. In order to determine which offense someone gets charged with involves the police and/or prosecutors looking back over the driver's lifetime from the date of the present offense and counting ALL prior convictions and diversions for DUI, no matter when they occurred. The range of punishment for each offense is set forth below: First Offense DUI conviction: A fine between $500.00 and $1,000.00 dollars; A jail sentence between 2 days and up to 6 months (the judge may allow 100 hours of community service instead of requiring 2 days to be served in jail); An alcohol evaluation will be ordered and the defendant is required to attend, at a minimum, Alcohol Information School (usually 8 hours), but could be ordered into in-patient treatment (usually 30 days); and A suspension of driving privileges for 30 days (no "work permit" or "hardship license" permitted) and restriction of driving privileges for 330 days (restrictions are: to and from work; in the course of employment; to a medical emergency; and to court ordered alcohol meetings.). The suspension and restrictions are not handled by the criminal court, but rather are imposed by the Division of Motor Vehicles after receiving a copy of the order of conviction sent to them by the court, so the criminal court has no authority to modify the suspension or restrictions. A diversion is sometimes offered to first time offenders by the prosecution. A diversion is a contract between the defendant and the prosecution (the court has nothing to do with it). Like any other contract, each side is going to perform their contractual obligations to the other. General diversion terms include performing community service, pay diversion fees, court costs, alcohol evaluation costs, attending Alcohol Information School, and staying out of trouble for the diversion term (usually between 6 months to 1 year). At the end of the diversion term, if the defendant has performed all of his/her obligations, the prosecution dismisses the charge or charges that were diverted. This is the up side. The down side is the diversion goes on your driving record, as a diversion and not a conviction, and stays there for a period forever. If you are EVER charged again with DUI, it will be charged as a second offense, even though the diversion resulted in the first offense being dismissed by the prosecution. Second Offense DUI conviction: A fine between $1,000.00 and $1,500.00 dollars; A mandatory jail sentence between 5 days and up to 1 year (house arrest and work release options are available to the court); An alcohol evaluation will be ordered and the defendant is required to attend and complete, at a minimum, a Drug and Alcohol treatment program (usually out-patient treatment for several weeks, if not months), but could be ordered into in-patient treatment (usually 30 days); and A suspension of driving privileges for 1 year (no "work permit" or "hardship license" permitted) followed by one year or restricted driving privileges. The restriction is the driver may only operate a motor vehicle which is equiped with an Interlock Ignition Device (A breath test device which interfaces with the driver's automobile electrical system. Must "blow" before you "go".). The suspension and restrictions are not handled by the criminal court, but rather are imposed by the Division of Motor Vehicles after receiving a copy of the order of conviction sent to them by the court, so the court has no authority to modify the suspension and restriction. Third DUI conviction: A fine between $1,500.00 and $2,500.00 dollars; A mandatory jail sentence between 90 days and up to 1 year (house arrest and work release options are available to the court); An alcohol evaluation will be ordered and the defendant is required to attend and complete, at a minimum, a Drug and Alcohol treatment program (usually out-patient treatment for several weeks, if not months), but could be ordered into in-patient treatment (usually 30 days); and A suspension of driving privileges for 1 year (no "work permit" or "hardship license" permitted) followed by one year or restricted driving privileges. The restriction is the driver may only operate a motor vehicle which is equiped with an Interlock Ignition Device (A breath test device which interfaces with the driver's automobile electrical system. Must "blow" before you "go".). The suspension and restrictions are not handled by the criminal court, but rather are imposed by the Division of Motor Vehicles after receiving a copy of the order of conviction sent to them by the court, so the court has no authority to modify the suspension and restriction. Fourth and Subsequent DUI conviction: A fine between $1,500.00 and $2,500.00 dollars; A mandatory jail sentence between 90 days and up to 1 year (house arrest and work release options are available to the court); Upon release from incarceration, the driver is assigned to supervision of the Kansas Parole Board and must complete an intensive outpatient program at a minimum. A suspension of driving privileges for 1 year (no "work permit" or "hardship license" permitted) followed by one year or restricted driving privileges. The restriction is the driver may only operate a motor vehicle which is equiped with an Interlock Ignition Device (A breath test device which interfaces with the driver's automobile electrical system. Must "blow" before you "go".). The suspension and restrictions are not handled by the criminal court, but rather are imposed by the Division of Motor Vehicles after receiving a copy of the order of conviction sent to them by the court, so the court has no authority to modify the suspension and restriction.
14. Merriam
15. Olathe
16. Overland Park
17. Prarie Village
    1. Gilliford Law Firm: Everyone makes mistakes.
18. Pratt
    1. Stull & Wood: You should consult an attorney for individual advice regarding your own situation.
19. Shawnee
    1. Schoenig, Erica: A traffic violation or drunk driving offense will leave you with criminal and administrative concerns. If you want to minimize the criminal consequences and keep your license, you want an attorney who will advocate for your rights without judgment. As you fight to protect your rights, it is best to remain polite and courteous to law enforcement officials. At the same time, you have every right to refuse a PBT, roadside test, or a BAC. There are no consequences for refusing a field sobriety test, while a PBT refusal could result in a fine. Refusing the BAC could result in license suspension for a year if you lose the hearing.
20. Topeka
    1. Kansas DUI Defense Team: What To Do If Stopped for a DUI - Tips for Drivers What To Do If Stopped for a DUI Tip 1 Exercise your right to remain silent. Do not answer any questions. This includes not answering the question of whether you have been drinking. Exercising your right to remain silent may cause you to feel awkward, but it is important to do. You simply need to hand your drivers license, insurance and registration to the officer. Tip 2 You are not required to take field sobriety tests (walk-and-turn, one-leg stand, etc.). The tests are very difficult to pass, even if sober. The tests are given for the purpose of building a case against you. You may politely decline to take the tests by shaking your head. Tip 3 While you might be fined for refusing, you are not required to take the “preliminary breath test.” This test is done by blowing into a small hand-held machine. You may politely decline by shaking your head. Tip 4 The only time that you should speak is to ask the officer for permission to leave. You should make this request often. Tip 5 The officer will read you an “implied consent advisory” and then ask you if you will consent to a breath test (occasionally they will ask for a blood test instead). You may refuse this test. To decide whether to take the test or refuse the test, see the section in this web site entitled "Refusing or Taking a Breath Test." Tip 6 If you do take the breath test, ask for an independent blood test. All that needs to happen is that the blood be drawn and stored at the hospital or other facility. You do not need to agree to give the results to police. Tip 7 See a DUI Defense Team attorney right away. You have only 10 days to file a hearing request to challenge the suspension of your drivers license
    2. Shepherd, Kevin: Kansas DUI law is harsh. Many innocent people face needless prosecution from over-zealous law enforcement and government officials. Don’t let the government get away with treating you unfairly. The government misuses its power by misrepresenting that they have solid evidence against you. These people are not your friends, and they are trying to make your life miserable so it can appear they are tough against crime. However, you do not deserve to be treated like a criminal just because you were arrested for a DUI.
    3. Rork Law Office: "In all criminal prosecutions, the accused shall enjoy the right... to have the Assistance of Counsel for his defence." -U.S. Constitution, Sixth Amendment
    4. 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.
21. Wichita
22. Yates Center
    1. Case, Moses, Zimmerman & Martin: * Alternative Dispute * Automobile Accidents * Banking * Bankruptcy and Business * Corporate * Criminal * Education Law * Elder Law * Estates and Wealth * Family Law * Juvenile Court * Labor Law * Litigation * Personal Injury * Planning * Reorganization * Resolution * School Law