Kansas City DUI Lawyers
- Barnett Law Firm:
* Speeding tickets
* Careless driving
* Reckless driving
* Drunk driving/DUI
* Driving with a suspended license
* Driving without insurance
* Other moving violations
* Driving without a license
- Laing, Robert:
Traffic violations may involve many different situations and we work with our clients to make sure they know their options, no matter what their traffic violation may be. It is important to have an experienced lawyer to assist you when deciding how to handle your traffic violation:
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DUI
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DWI
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Speeding tickets
Depending on your case, there are a number of potential consequences for a traffic violation.
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Suspended license
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Hardship license
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Increased insurance premium
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Mounting fines
- Shores Law Firm:
Misdemeanor crimes are less serious crimes than felonies, but that doesnÕt mean you need a less serious defense. Depending on the severity level of the offence you could still be facing time in jail. Probation restrictions and time lost in jail can seriously hamper your ability to continue living a normal productive life. Even low level felonies can carry serious fines and can affect your permanent record and employment.
- Mahoney, Bill:
A drunk-driving arrest should not be taken lightly. A conviction can result in a hefty fine, increased insurance rates, the loss of your driver's license and even a jail sentence. You face not one, but two legal challenges Ñ a criminal proceeding for the drunk-driving charge and an administrative process that could lead to the loss of your driver's license.
- Allen, Joshua:
Defense of drunk driving is notably tougher these days. For example, Kansas now has a lifetime look-back provision, which means that you could face enhanced penalties because of a DUI conviction that occurred 20 or 30 years ago. Vigorous representation by a skilled DUI defense lawyer is critical to prevent the worst criminal and civil sanctions.
- Mathews Group:
24 Hours - 7 Days a Week
A Criminal Defense consultaion, like any other in our office, is always free. If you have questions about a pending legal matter, please contact us at once to discuss the issue and to determine your rights and responsibilities. Our Criminal Defense attorneys are happy to discuss your legal matter with you, whether you decide to have us represent you or not. AND, we take phone calls and appointments at night and on weekends. Don't wait until Monday morning to find out what's going to happen to you.
You Have the Right to Remain Silent - USE IT!
If you've been arrested or questioned in connection with a crime, DON'T TALK ABOUT IT TO ANYONE except your lawyer. Even if you believe that the investigation is not about you, don't speak to anyone without talking to your lawyer first. The Mathews Group, LC has attorneys available 24 hours a day, 7 days a week. Simply call our toll-free, 24 Hour Hotline, (877) 88 KC Law, to get IMMEDIATE assistance from an attorney.
DWI/DUI
These are the general guidelines for DWI / DUI Offenses in Missouri. They are subject to change at any time. None of the information on this page is meant to substitute for a consultation with an attorney. While we strive to offer the most up to date information on these pages, we cannot make guarantees as to its accuracy.
1. First conviction for excessive blood alcohol content (BAC) - 8 points
2. First conviction for driving while intoxicated (DWI) or driving under the influence of drugs (DUID) - 8 points
3. Second or subsequent conviction for DWI, DUID or BAC - 12 points
4. Commercial motor vehicle .04% - 2 points
A first-time DWI or BAC conviction results in a 30-day suspension. After the 30-day suspension, the driver may receive a 60-day restricted driving privilege. The driver is eligible for full reinstatement after 90 days if all reinstatement requirements are met. A person convicted of operating a commercial motor vehicle while his or her alcohol content is .04% will be assessed 2 points and disqualified from driving a commercial motor vehicle for one year.
Multiple Convictions
A driver convicted of a second alcohol offense, regardless of the length of time between convictions, is revoked for a period of one year. A driver convicted of driving while intoxicated for the second time in a five-year period also receives a five-year license denial.
A 10-year license denial is imposed against any individual convicted three or more times for driving while intoxicated, excessive blood alcohol content (BAC) or a combination of the two. After ten years, the privilege to drive can be restored only by court order.
Reinstatement
A person whose driving privilege is suspended or revoked may have his or her driving privilege reinstated after the suspension or revocation period is served if all requirements are filed with the Department of Revenue. If a driver does not satisfy the reinstatement requirements, the driving privilege remains suspended or revoked.
Anyone suspended or revoked for points assessed as a result of an alcohol-related conviction must meet the following reinstatement requirements:
1. Pay a $45 reinstatement fee.
2. File and maintain proof of financial responsibility for two years from the suspension or revocation date.
3. Provide proof of successful completion of a Substance Abuse Traffic Offender Program (SATOP) or comparable program. The Division of Alcohol and Drug Abuse will send this form directly to the department after the program has been completed. Any questions regarding SATOP comparable programs should be directed to a certified SATOP Offender Management Unit or the Division of Alcohol and Drug Abuse at (573) 522-4020.
Any driver revoked for at least one year is also required to take and pass the complete driver examination and apply for a new license at proper fee
Missouri Felony Imprisonment Guidelines (Call us to discuss your specific case, as well as Kansas and Federal Guidelines)
(1) For a class A felony, a term of years not less than ten years and not to exceed thirty years, or life imprisonment;
(2) For a class B felony, a term of years not less than five years and not to exceed fifteen years;
(3) For a class C felony, a term of years not to exceed seven years;
(4) For a class D felony, a term of years not to exceed four years;
(5) For a class A misdemeanor, a term not to exceed one year;
(6) For a class B misdemeanor, a term not to exceed six months;
(7) For a class C misdemeanor, a term not to exceed fifteen days.
2. In cases of class C and D felonies, the court shall have discretion to imprison for a special term not to exceed one year in the county jail or other authorized penal institution, and the place of confinement shall be fixed by the court. If the court imposes a sentence of imprisonment for a term longer than one year upon a person convicted of a class C or D felony, it shall commit the person to the custody of the department of corrections for a term of years not less than two years and not exceeding the maximum authorized terms provided in subdivisions (3) and (4) of subsection 1 of this section.
3. (1) When a regular sentence of imprisonment for a felony is imposed, the court shall commit the person to the custody of the department of corrections for the term imposed under section 557.036, RSMo, or until released under procedures established elsewhere by law.
(2) A sentence of imprisonment for a misdemeanor shall be for a definite term and the court shall commit the person to the county jail or other authorized penal institution for the term of his or her sentence or until released under procedure established elsewhere by law.
4. (1) A sentence of imprisonment for a term of years for felonies other than dangerous felonies as defined in section 556.061, RSMo, and other than sentences of imprisonment which involve the individual's fourth or subsequent remand to the department of corrections shall consist of a prison term and a conditional release term. The conditional release term of any term imposed under section 557.036, RSMo, shall be:
(a) One-third for terms of nine years or less;
(b) Three years for terms between nine and fifteen years;
(c) Five years for terms more than fifteen years; and the prison term shall be the remainder of such term. The prison term may be extended by the board of probation and parole pursuant to subsection 5 of this section.
(2) "Conditional release" means the conditional discharge of an offender by the board of probation and parole, subject to conditions of release that the board deems reasonable to assist the offender to lead a law-abiding life, and subject to the supervision under the state board of probation and parole. The conditions of release shall include avoidance by the offender of any other crime, federal or state, and other conditions that the board in its discretion deems reasonably necessary to assist the releasee in avoiding further violation of the law.
5. The date of conditional release from the prison term may be extended up to a maximum of the entire sentence of imprisonment by the board of probation and parole. The director of any division of the department of corrections except the board of probation and parole may file with the board of probation and parole a petition to extend the conditional release date when an offender fails to follow the rules and regulations of the division or commits an act in violation of such rules. Within ten working days of receipt of the petition to extend the conditional release date, the board of probation and parole shall convene a hearing on the petition. The offender shall be present and may call witnesses in his or her behalf and cross-examine witnesses appearing against the offender. The hearing shall be conducted as provided in section 217.670, RSMo. If the violation occurs in close proximity to the conditional release date, the conditional release may be held for a maximum of fifteen working days to permit necessary time for the division director to file a petition for an extension with the board and for the board to conduct a hearing, provided some affirmative manifestation of an intent to extend the conditional release has occurred prior to the conditional release date. If at the end of a fifteen-working-day period a board decision has not been reached, the offender shall be released conditionally. The decision of the board shall be final.
- Bukaty Law Offices:
You Have a Lot to Lose Ð WeÕre on Your Side A conviction for Driving Under the Influence
(DUI)Êshould be avoided at all costs. ... DON'T LOSE YOUR LICENSE WITHOUT A FIGHT
Ñ If you fail to request an administrative driver's license hearing within 15 days of your arrest,
your license will be automatically suspended. ... It is possible to challenge your license suspension in Kansas... Don't wait! The Consequences of a DUI In
Kansas, even first-time offenders can face jail. With second offenses, some jail is mandatory, and a
third DUI is a felony with a sentence of up to one year in jail. Other consequences may include:
¥ Substantial fines ¥ License suspension from 30 days to 1 year or more ¥ A criminal record
¥ Higher insurance rates ¥ Mandatory treatment ¥ Community service ¥ Ignition interlock
on your vehicle Enhanced penalties: You face an even more difficult challenge if arrested for DUI
while having underage children in the car, an auto accident, drug possession, a very high BAC or
eluding police. Minors in Possession (MIP): If you are under age 21 you can be charged with an
alcohol offense for having barely any alcohol in your system and you face tougher license
suspensions under the Kansas ÒZero ToleranceÓ laws. Juveniles charged with DUI are treated the same
as adults and can face jail Refusal of a Breathalyzer test: Exercising your right not to give a
breath test can result in an automatic one-year license suspension for first-time offenders CDL
Holders: You can face tougher penalties and longer license suspensions even if stopped for DUI in a
non-commercial vehicle Aggressive Defense Anthony Bukaty examines every aspect of your case to get
charges dismissed or to challenge the prosecution at trial, including: ¥ Probable cause for the
traffic stop ¥ Evidence contained in police reports ¥ Validity of Breathalyzer tests and blood
or urine tests ¥ Proper administration of field sobriety tests ¥ Video evidence from patrol
cars and police station cameras It is possible to avoid being convicted of a DUI. By using the
proper legal techniques, Traffic Law Central can help you avoid a bad outcome. Do You Qualify for
Diversion or Probation? Kansas law does not allow drunk driving to be reduced to a lesser offense.
However, many first-time offenders can be eligible for a diversion program with probation instead of
jail. No conviction will appear on your criminal record.
- James Spies:
The impact of a DUI conviction can result in skyrocketing auto insurance rates and even the loss of your driver's license. If you need to drive to work or are in the transportation industry, you may face losing your job. Many charged with a DUI just want the matter to go away and make the mistake of pleading guilty without consulting an experienced DUI attorney first. The short and long-term effects of a DUI conviction are too significant not to have an aggressive DUI attorney at your side.
While many are familiar with the events that lead up to a DUI arrest, including field sobriety tests, breathalyzers, and other chemical tests, many are not aware of the administrative component. In Kansas, following your arrest, you have 10 days to file the necessary documents and request an administrative hearing. At the administrative hearing, it will be determined if your license will be suspended and/or restricted.
- Stone Law Office: Many
people dont realize that two cases are put into effect following a
DUI/DWI citation. The first is a criminal charge, and the second is
filed on behalf of the Kansas Department of Revenues Division of Motor
Vehicles to suspend your drivers license. After youve been charged with
a DUI/DWI, you have only 10 days to file a formal written request for a
drivers license hearing or your driving privileges will be suspended.
- 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:
Driving while intoxicated (DWI) or driving while under the influence of
alcohol or narcotics (DUI) is a serious offense. If anyone was injured
by your actions, you may face serious criminal or even vehicular
manslaughter charges.
If this is your first offense and no injury is involved, the
consequences could be as light as a fine and a suspended license. But be
aware: Even first-timers are going to jail these days.
If you have previous arrests, you face stiffer penalties. Your previous
record will be a factor, regardless of whether you had a prior arrest or
stop "taken care of". Even if the prior arrest doesn't appear on your
official driving record, it will most likely appear in records available
to law enforcement and the prosecution.
However, in many cases, even with a second or third offense, an
experienced lawyer ... may be able to keep you from going to jail.
If you are convicted of DWI/DUI, you will lose your driver's license. In
Missouri or Kansas, if your blood alcohol content is more than .08
percent, the law enforcement officer is required by law to take your
license immediately. This can be reviewed in an administrative hearing,
but you must request a review as soon as possible. In Missouri, you have
15 days to request a review in writing. In Kansas, you have just 10
days. If you miss the deadline, you have no further chance to appeal.
License suspension or revocation (because of a B.A.C. in excess of .08
or a Refsal to take the test) can last from 30 days to one year -
sometimes it is permanent. The rules covering loss of license are
complicated. If you have questions, please contact me or at least speak
with another qualified criminal defense attorney.
If you refuse a breath test, the officer will immediately take your
license, and your license will be suspended for at least one year. This
can be appealed, but in Kansas, you only have ten (10) days to file an
appeal based on a Refusal. In Missouri, you have thirty (30) days, but
you must file a Petition the Circuit Court.
- 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.
Administrative Hearing - the license hearing conducted by the State.
ADSAP - the Kansas Alcohol evaluation and treatment requirement.
Amendment - when a ticket is reduced to a non-moving or no-points violation.
BAC - breath alcohol concentration; this is also the name for a lesser charge of DWI in Missouri.
Barber - someone you need when your hair gets long. See DUI Lawyer.
Breathalyzer - a breath test machine about the size of a type-writer that is usually kept at the police station.
Circuit Court - this is the State Court or County Court in Missouri.
DC-27 - the suspension notice served by an officer in Kansas after a DUI stop. See Pink Form.
District Court - this is the State Court or County Court in Kansas.
Diversion - a contract between the defense and the prosecution that if fulfilled results in the dismissal of the charge; used in Kansas for DUI and the duration is usually one year.
DL Hearing - another name for the administrative hearing.
DRE - drug recognition exam or drug recognition expert; physical tests given when drugged driving is suspected. Very few officers have this training.
DUI - Driving under the influence; the same as DWI.
DUI Lawyer - someone you need when you're in trouble with the law. You don't cut your own hair do you?
Dump Truck - a cheap lawyer who will walk you into court and plead you guilty without even trying. There are lots of these guys out there dumping their clients in the courtroom. Hire an experienced lawyer, not someone who dabbles in DUI cases.
DWI - Driving while intoxicated; the same as DUI.
Field Sobriety Tests - FSTs - these are Simon Says like tests given on the side of the road. Their accuracy may be affected by a number of factors. These tests are very subjective. The tests include the HGN, the Walt and Turn, and the One Leg Stand. Other dexterity tests, like the Finger to Nose, are not considered standardized and are generally given much less weight in court.
HGN - Horizontal Gaze Nystagmus - an eye test utilizing a pen or some other object (called the stimulus) for the subject's eyes to follow.
Miranda Rights - rights read by an officer to a person in custody before they are interrogated. If rights are not read before interrogation of the person in custody, then the answers to the questions may be kept out of court.
Municipal Court - this is the city court and where most DUI's go unless you are arrested by a Highway Patrol or Sheriff's Officer.
NHTSA - pronounced "Nitsa", this stands for the National Highway Traffic Safety Administration; the federal agency that created and promulgates the Standardized Field Sobriety Tests.
OUI - operating under the influence; an older name meaning the same thing as DUI/DWI.
PBT - Preliminary Breath Tester. A small, much less accurate machine used to test alcohol on the side of the road.
Pink Form - the DC-27 or suspension notice issued by an officer in Kansas.
Rights - see Miranda Rights.
SATOP - the Missouri alcohol evaluation and treatment requirement.
SIS - Suspended Imposition of Sentence - an arrangement with the court and the prosecution that allows a charge to be dismissed upon the completion of some period of time; used in Missouri for DWI charges, the probation period is usually two years.
Suspension Notice - any notice suspending your license. This notice can come from the State for too many tickets, or from an officer after a DUI. If you get such a notice, call an attorney immediately.
Temporary License - officers will sometimes refer to the suspension notice as this. Don't be confused. Read the entire form ( front and back ), call a lawyer, and request a hearing immediately.
VGN - Vertical Gaze Nystagmus - similar to the HGN, but used for suspicion of drugs instead of alcohol.
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