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Olathe DUI Lawyers

1. Sheilds, Spencer: Kansas DUI/DWI Law An allegation of driving under the influence (DUI) or driving while intoxicated (DWI) is a serious charge that directly threatens your right to drive and exposes you to penalties that may impact your ability to work, significantly increase your insurance rates, subject you to strict monitoring requirements and otherwise dramatically alter your life. Charges of DUI typically involve two legal processes: 1) an administrative action to take away your driving privileges by suspending or revoking your driverÕs license, and 2) separate DUI criminal charges filed in a state or city court that, if convicted, carry mandatory fines and jail time. KANSAS LAW ONLY ALLOWS 10 DAYS FROM THE DATE OF ARREST TO REQUEST YOUR ADMINISTRATIVE HEARING. CONTACT OUR LAW OFFICE IMMEDIATELY TO SCHEDULE AN APPOINTMENT SO THAT WE MAY PRESERVE YOUR ADMINISTRATIVE HEARING ON YOUR DRIVING PRIVILEGES. IF YOU DELAY YOUR LICENSE SUSPENSION WILL BE AUTOMATIC. In any case of driving under the influence, time is of the essence and it is imperative that you seek legal advice as soon as possible to preserve your rights and privileges. Kansas law only allows 10 days to request your administrative hearing on the suspension of your driving privileges. Mr. Shields has extensive experience representing individuals charged with DUI and successfully defends clients in both administrative and criminal matters. Certain procedures are in place that must be followed to protect your rights. If proper procedures are not followed, you hinder your ability to challenge the suspension.
2. Erker Law: DUI/DWI/OUI Š An allegation of driving under the influence is a serious charge that directly threatens your right to drive and exposes you to harsh penalties that may impact your ability to work, significantly increase your insurance rates, subject you to strict monitoring requirements, and dramatically alter your life. Charges of driving under the influence often involve an administrative action to take away your privilege to drive by suspending or revoking your driverÕs license and separate criminal charges that entail additional penalties, including fines and possible incarceration. Allegations or convictions of driving under the influence can have devastating consequences on oneÕs family, economic well being, and freedom. Charges of driving while intoxicated may be classified in any of the following manners: driving under the influence, driving while intoxicated, and operating under the influence. These charges are brought against individuals suspected of driving under the influence of alcohol, prescription drugs, non-prescription drugs, over-the-counter medications, and other controlled substances. In any case of driving under the influence, time is of the essence and it is imperative that you seek legal advice as soon as possible to preserve your rights and privileges.
3. Morrison, Paul: Johnson County and Kansas City residents accused of DUI are uncertain how to fight a DUI charge and may just accept the consequences to get the whole thing over with. Except that it does not end with a guilty plea. That is only the beginning of the negative consequences, including: automatic driver's license loss, steep fines, potential jail time and a criminal record. You need an attorney who knows how to fightŃand win on behalf of his clients.
4. Smith, Darrell: DUI If you are arrested for DUI, two distinct and separate legal processes begin simultaneously: * The Criminal charges which can result in fines, jail time, and the suspension and restriction of your driving privileges; and * The Administrative Proceedings (civil-side) which can result in the suspension and restriction of your driving privileges. The length of the suspension and/or restriction of your driving privileges resulting from the Administrative Proceedings depends upon: * Whether you refused or failed the breathalyzer * Whether this is your first DUI arrest or you have a prior diversion and/or convictions, or you have received a prior administrative suspension of your driving privileges; and * Whether you are over or under 21 years of age at the time of the test failure or refusal. The time of suspension of driving privileges, depending on these factors, ranges from 30 days to permanent revocation of your driverÕs license. You have a right; however, to an administrative hearing in which you can challenge the grounds upon which the State of Kansas is trying to suspend or restrict your driving privileges. If you are successful at this hearing, the administrative action against your driving privileges will be dismissed. DC-27 At the time of your arrest, the officer should have given you a pink sheet called the DC-27. As set forth on the back of that form, you must send a request for an administrative hearing to the Kansas Department of Revenue within 10 days of the day that you received the DC-27. In this request, you need to specify that your hearing be in person before a representative of the Department of Revenue. Failure to request an in-person hearing will result in the hearing being held over the telephone. Failure to request an administrative hearing will bar you from challenging the administrative suspension of your driving privileges. If you have requested an administrative hearing, your driving privileges will continue in full force and effect until 30 days after the administrative hearing. At this hearing, a number of issues can be raised to oppose the suspension of your driving privileges, including but not limited to: * Whether the officer had reasonable grounds to believe that you were operating or attempting to operate a vehicle while under the influence of alcohol/drugs or a combination of both * Whether you were given the statutorily required notices * Whether your actions constituted a test failure or refusal * Whether the testing equipment, testing procedures, and the officer operating the machine were certified/approved by the Kansas Department of Health and Environment (KDHE) * Whether the test result was .08 or greater * Whether your constitutional rights were violated To preserve your rights and strengthen your defense, an experienced Kansas DUI attorney is highly recommended. I have been involved as either a prosecutor or defense attorney in over one thousand DUI cases. I will aggressively defend your rights if you are accused of drunk driving and other alcohol related-offenses. I will work to: * Ensure your constitutional rights are upheld * Ensure the evidence against you is collected and preserved in a legal manner * Ensure that you are provided a fair trial * Appeal any errors committed by the court or its participants As a member of the National Association of Criminal Defense Lawyers, I have attended National Seminars focused exclusively on this subject. Why hire a DUI lawyer? A DUI charge is a misdemeanor. If you plead guilty to a misdemeanor, you will have a criminal record. Some prosecutors will require you to plead to the misdemeanor if you donÕt have a lawyer. In addition, a DUI lawyer will save you money and time, and in most cases keep you from getting a criminal record. In some cases we can get you a deal where you would plead to a violation. This makes sense for some of our clients. Due to changes in Kansas DUI laws, we now advise most of our clients to fight DUI cases. DUI charges have become a very serious matter, costing a first-time offender as much as $5000 or more in fines, surcharges, higher insurance premiums, other charges, and prospect of a criminal record. With that much at stake, itÕs worth it to hire a DUI lawyer. Potential Criminal Penalties The Criminal aspect of a DUI includes fines, mandatory jail time, suspension of your driving privileges, and the potential impoundment of your vehicle. The amount of fine and length of the jail sentence are determined by the number of prior DUI convictions/diversions you have had during your lifetime. It no longer matters whether a prior conviction was outside of five years. Under current Kansas law, all prior DUI convictions and DUI diversions count towards enhancing (increasing) the criminal level of the DUI being charged, regardless of how long ago they occurred. K.S.A. ¤ 8-2,144 provides: First Conviction: A first lifetime conviction for DUI is a Class B misdemeanor. The potential sentence is 48 hours to six months in jail, and a fine between $500 and $1,000. You must serve at least 48 hours in jail, unless the court approves a request to perform 100 hours of community service instead. On the administrative side, upon a first conviction your driving privileges will be suspended for 30 days, followed by 330 days of restriction for a test failure. For a test refusal, driving privileges will be suspended for a full year. You will also be required to undergo a drug and/or alcohol evaluation and will have to complete the treatment that is recommended by the evaluator. Please note that the foregoing information presumes that you provided a sample of breath in excess of .08% alcohol Š but less than .15% alcohol. The Kansas Legislature recently enacted significantly greater penalties for drivers who test either at or above .15%. If you test at or above .15% for your first offense: 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 Conviction: A second lifetime conviction for DUI is a Class A misdemeanor. The potential sentence is 90 days to one year in jail, and a fine between $1,000 and $1,500. Providing that you enter into a substance abuse treatment program, you must serve at least five days in jail, but after 48 hours the judge can order that the remainder of the sentence be served on house arrest or in a work release program. Upon a second conviction, your driving privileges will be suspended for one year followed by at least one year of interlock restrictions for a test failure and driving privileges are suspended for a full two years for a test refusal. If you test at or above .15% for your 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. Third Conviction: A third lifetime conviction for DUI is a felony. The potential sentence is 90 days to one year in jail, and a fine between $1,500 and $2,500. After completing 48 hours in jail, the court may order that the remainder of the sentence be served on house arrest or in a work release program. Upon a third conviction, the term of suspension is the same as for a second offense for a test failure: your driving privileges will be suspended for one year followed by at least one year of interlock restrictions. For a test refusal, the term of suspension is 3 years. If you test at or above .15% for your 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. Fourth or Subsequent Conviction: A fourth or subsequent lifetime conviction for DUI is also a felony. Like a third conviction, there is a sentence of between 90 days and one year in jail, however the fine is a flat $2,500.00. You must serve 72 hours in jail prior to the court being able to grant work release for the balance of your sentence (house arrest is not allowed). Upon a fourth conviction, driving privileges are suspended for one year followed by at least 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. If you test at or above .15% for your 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.
5. Spencer Clark: If you are facing charges for drunk driving, it is important to contact an attorney as soon as possible. In Kansas and Missouri, license suspension is a common consequence of a DUI or DWI. A knowledgeable lawyer can sometimes help you keep your license. With only 10 days to appeal the automatic license suspension, time is of the essence.
6. Fletcher & Rohrbaugh: DUI / DWI Since the drunk driving laws across the country are getting stricter, it is more important than ever to gain the assistance of an aggressive and knowledgeable lawyer if you have been charged with driving under the influence (DUI) or driving while intoxicated (DWI). Also called OUI (operating under the influence), DUI / DWI charges may begin affecting your life immediately. As an example, within 10 days of receiving the citation, you must request an administrative hearing to try and prevent the suspension of your license.
7. Moore, Weston: * Divorce * Spousal Support * Marital Property Division * Child Custody * Child Visitation * Child Support * Paternity * Child in Need of Care * Domestic Violence/Protection From Abuse * Criminal Law
8. Adams, David: Criminal traffic violations range from speeding tickets and moving violations to driving with a suspended license. You can receive a driverÕs license suspension for not paying a speeding ticket, not carrying liability insurance, and for a DUI arrest. If you are faced with one or all of these legal issues, it is important to contact an Olathe, Kansas, DUI lawyer immediately.
9. Bartee, Michael: Automatic Suspension of Your License Many of those charged with DUI are not aware that their license can be automatically suspended if an administrative hearing with the Department of Motor Vehicles is not requested within 10 days after a breath/blood test refusal or failure. Consequences of a DUI Conviction DUI laws are changing with the sentences becoming harsher seemingly every year. All DUI convictions result in a suspended driver's license. Even for a first conviction, there is a mandatory minimum jail sentence and fine, along with a mandated alcohol evaluation and treatment program. The sentences go up from there. If you are convicted of DUI for the third time, it is a felony with a substantial mandatory minimum sentence as well.
10. Keck, Angela: When the police stopped you and charged you with DUI or a related drunk driving offense, you may have felt that you were presumed guilty. They may have taken your driverÕs license and issued you a temporary license. They may have given you a field sobriety or breathalyzer test and told you that you failed. Although the police and prosecutors may not seem to act that way, you are still innocent until proven guilty.
11. Dellett, Kevin: The laws prohibiting driving under the influence of alcohol and/or drugs (DUI) have become harsher in recent years, with stiff penalties ranging from fines and lengthy license suspension to strict probation and jail time. Police and prosecutors take these charges seriously, which is why you need an attorney with serious DUI defense experience. A subsequent conviction for drunk driving can lead to even more serious consequences, with a third arrest leading to a felony DUI charge. Other factors, including the presence of a child under the age of 14, can increase fines and the length of potential incarceration.
12. Cornwell & Scherff: A DUI charge is a serious matter. A conviction can mean jail time, not to mention the loss of your license and a fine. Proper defense in cases such as these requires a meticulous lawyer who leaves no stone unturned.
13. McCalla, Randy: If you have been arrested or charged with driving under the influence, possession of marijuana, or other drug possession offenses, the consequences of conviction may be serious, including jail time, loss of driving privileges, loss of student aid, and loss of a professional license. It is important to consult with a lawyer before making any statement to law enforcement officers or investigators.
14. Morgan Pilate: The first suspension in most drunk driving cases is the Administrative License Suspension (ALS). The ALS takes place immediately upon refusal to submit to the driving under the influence (DUI) tests, or upon testing over the state limit (usually .08) for breath. The ALS is usually handled by the state's department of motor vehicles before an administrative judge, not a criminal judge. If a motorist enters a guilty plea at this level, the motorist's license is typically suspended for a statutory time period. The next stage of a DUI offense (or DWI/OUI) involves the criminal justice system. If the offender pleads guilty to the DUI, he or she will be sentenced according to the governing DUI statute. A guilty plea has the same effect as losing at trial. It results in a criminal conviction. The penalties will depend upon whether or not the offender has prior offenses. It is important to recognize that for purposes of enhanced penalties, prior guilty pleas will be considered prior convictions. In the average first offense DWI case, the sentence usually includes a jail sentence which may be suspended, one to two years of supervised probation, a fine, court costs, community service, alcohol abuse screening, and mandatory driver improvement training. There is, of course, always the possibility in an egregious or unusual case in which the judge will require some time in jail. A multiple offender will serve real jail time and risk prolonged suspension of his or her driver's license. A guilty plea is made in open court in writing and there must be a determination on the record that the plea was made voluntarily, competently, and with understanding of the nature of the charge, of his/her legal and constitutional rights, and of the consequences of his/her action. In addition the court must determine if there is a factual basis for the plea. Occasionally, an offender may enter a guilty plea to take advantage of a plea bargain to a lesser or non-DUI offense. Some states have enacted plea-bargaining restrictions, while other states do not permit plea negotiations in specific circumstances, such as cases involving serious injury or death or where the offender had a very high blood alcohol content. An OUI / DUI / DWI conviction plea of "guilty" will be a permanent part of the offender's driving record. Moreover, a guilty plea is reported to the state driver's license agency, which in turn, may report it to the National Driver's License Registry. These computer records are accessible to driver's licensing agencies nationwide. The home state of any non-resident driver will receive a notice of any case disposition occurring in the reporting state. In almost all cases a guilty plea in a criminal case will result in a license suspension in the non-resident's home state.
15. Arnold & Keck: Driver's License Suspension Administrative Hearings Ń Be Prepared When you are arrested for a DUI, the police immediately confiscate your driver's license and give you a DC-27 form in return. This form gives you a date for your administrative hearing, where you can challenge the suspension of your driver's license. What many people do not know is this: even though the CD-27 form gives the date, you still have to request the hearing within 10 days of your arrest. With a proper defense, it is possible that you will get your license back at the hearing. The attorneys of Arnold and Keck can devise your defense strategy, and guide you through the administrative hearing process. DUI Penalties Ń Life Altering Setbacks The penalties for a first drunk-driving offense can include: * Minimum of 2 days in jail * Minimum $500 fine * Driver's license suspension for 30 days Commercial drivers face even tougher consequences. If you drive for a living and are arrested for DUI, your livelihood is at stake. It is essential to have a seasoned legal advocate on your side who understands DUI defense. You will find that lawyer at Arnold and Keck. College Students and Underage DUI DUI laws are especially tough when underage drinking is involved. The blood alcohol concentration limit for underage drivers is only .04. Plus an underage driver will automatically lose his or her license for up to a year if convicted of DUI. Tough laws require even tougher defense. We have a long track record of defending underage drivers against DUI charges.
16. Rook, Joel: If you have been charged with driving while intoxicated, you need to contact an experienced lawyer immediately. Your driving privileges may be suspended or revoked for a significant period of time. You may face substantial fines and even jail time. Your entire livelihood, including your ability to work, can be threatened. You want an attorney who will aggressively examine the evidence and protect your constitutional rights. DUI FAQ Driving Under the Influence of Alcohol, also Known as DUI -Possible sanctions and penalties: Fines, License Suspensions, License Revocations, Traffic School, and in some instances, jail time. -The penalties differ based on whether you have any Prior DUI's, your blood alcohol content at the time of the stop, whether you refused the testing (test refusal), whether an accident occurred, and a number of other factors. -Deciding Whether to Fight or Pay Up: this depends on the strength of the State's case. Is there clear evidence of a DUI that could be proved at a trial? If so, you may save money and benefit from a plea agreement by having a portion of the charges reduced or dismissed, or the prosecutor may recommend a minimum fine or penalty. If you believe that you are innocent or the State's case is weak, fighting may be the better option. The potential weaknesses of the State's case can often be determined by having an attorney obtain and view the police reports. -Some things to consider in making the decision of whether to fight or pay up are as follows: Tips and Strategies: Fighting a DUI: In Kansas if your blood alcohol content (BAC) is .08 or above, that is grounds for a conviction. However, a conviction is not necessarily assured, even if your BAC is over .08. The outcome of the case can depend on whether the test was given properly. The test is commonly given on a machine known as the Intoxylizer 8000. This machine has some technical weaknesses that can sometimes be exploited. Also, the officer that gave the test may or may not have conducted the test properly, and this may be exploited as well. For example, was the Intoxylizer test given within 2 hours of the traffic stop? Was the machine properly calibrated? Alternatively, you can be convicted even if your BAC is below .08. This is because other evidence can be used to prove that a person was driving while impaired, or unable to safely operate a vehicle. For example, the driver's demeanor and appearance can be used against him or her. Was he stumbling, slurring speech? Was there an odor of alcohol or bloodshot eyes? Did he admit to drinking alcohol or taking drugs? Also, the officer will conduct field sobriety tests, such as the walk and turn test, the horizontal gaze test, the one leg stand test, and other tests. Interestingly, many of these tests are not admissible in court, and cannot be used against the driver. However, some of them are admissible, and can be used to argue that the driver was intoxicated. However, an officer's failure to properly conduct these tests can be exploited. Also, we can argue that the tests themselves are not reliable indicators of intoxication. How many people are able to stand on one leg for an extended period of time without swaying? There is also another blood alcohol test that police use. It is called the preliminary breath test (PBT). This is done with a small handheld instrument, usually at the scene of the traffic stop (the intoxylizer test is done later, at the police station). The preliminary breath test is not admissible and cannot be used against the driver unless we argue that the police did not have a right to stop the driver's car. That brings us to the issue of contesting whether or no the police had a right to stop the car, which is another issue that may be argued. Another important issue is whether or not the officer read you the implied consent advisories prior to asking you to submit to the intoxylizer BAC test. If he failed to do so then the test results may not be used against you. People charged with DUI usually benefit from having an attorney to guide them through the process. Having an attorney guide you through the process can help to insure that in the event of a conviction, you are not overpenalized due to a clerical error or mistake made by a prosecutor or the Court. Having an attorney also helps to ensure that all possible options for you are considered and the best one is chosen. You want to make an informed decision about whether to have a trial, and you want to have a very clear idea of what you need to do in order to comply with any sanctions that might be imposed. -License revocation hearing In addition to the criminal driving under the influence case against you, there will also be a license revocation proceeding conducted by the department of motor vehicles. This is a procedure to suspend or revoke the drivers' license. You will be given notice at the time of arrest that their license will be suspended or revoked automatically unless you request a hearing with the department of motor vehicles. This request must be received within 10 days of the arrest. If the request is not properly made, there will be no drivers' license revocation hearing and your license will be automatically revoked, so it is important to send in the request for a hearing very quickly after arrest. An attorney can make this request for you. -License Restoration: your license can often be fully restored after any sanction has been fulfilled. Often this involves applying for reinstatement with the department of motor vehicles.
17. Grear, Michael: What are common challenges to DUI: * Lack of probable cause * Defective testing equipment * Illegal Search and Seizure * Improper blood/alcohol testing procedures * Improper arrest procedures Whether this is your 1st, 2nd or 3rd offense, DUI laws and penalties are tough, and refusing to submit to a breath test results in at least a one year driver's license suspension in both Kansas and Missouri. After your arrest there is only ten days to challenge this in Kansas, and fifteen in Missouri. And in Kansas even if you take a test, if your breath/blood alcohol level is over .15, you will loses you license for a year even if your first offense. In addition, for criminal purposes, Kansas used to consider only those DUI's occurring in the previous five years for sentencing purposes. Now, convictions any time within your lifetime enhance your current charge. And Missouri considers all DUI's in the past 10 years in imposing sentences. It is vital to have an experienced, competent attorney to represent on these types of charges.
18. Sara Welch: If you have been charged with a crime, consult with a criminal defense lawyer who knows, from her own previous professional experience, how the prosecution thinks and how an arresting officer should conduct him or herself.
19. Jerry Wallentein: You should take a drunk driving charge seriously.ŹAny alcohol-related driving offense needs to be handled immediately. Question: What should I do when I am stopped? Answer: First, stay calm and think rationally. Next, don't forget that police officers keep our streets safe by doing their job and should be appreciated. However, when an officer accuses someone of drunk driving, it is merely the officer's opinion that they are driving under the influence. His or her opinion can be influenced by any number of factors including human error and your manners. Therefore, it is imperative that you are polite. The easiest way to find yourself in a confrontation leading to an arrest is to be blatantly rude. What should I do when the officer turns on his police car lights behind me? Carefully move over into the right lane and then onto the shoulder of the road or into a parking lot where you can safely stop your car. Turn off the engine and the radio. Maintaining control and obliging the officer's request will point away from any mental impairments, such as intoxication. Question: What should I do next? Answer: Be sure that your license, registration and proof of insurance are handy. Get them ready as the officer approaches your car. In order for a police officer to stop you, there must be what's called "probable cause" or some reason for the stop communicated to you. It is usually a simple traffic violation such as speeding or having a taillight out that causes the stop. It is onward from here that DUI charges occur if the officer believes that the driver is intoxicated. In order for it to be considered probable that a crime has been or is being committed, the officer must have evidence. However, the evidence he needs for a legitimate stop is only probably cause, and does not have to meet the "beyond a reasonable doubt" standard. Beyond a reasonable doubt refers to the standard of proof that the state must bring against you at trial, that you were intoxicated to a level that made you incapable of driving safely, and that you were operating or attempting to operate a vehicle. If an officer arrests a person on less evidence than "probable cause", he violates that person's constitutional rights not to be unreasonably seized. In that case, any evidence obtained would be inadmissible from the prosecution's case. Question: What do police officers look for when searching for drunk drivers on the highways? Answer: The following is a list of symptoms in descending order of probability that the person observed is driving while intoxicated. The list is based upon research conducted by the National Highway Traffic Administration: Turning with a wide radius Straddling center of lane marker "Appearing to be drunk" Almost striking object or vehicle Weaving Driving on other than designated highway Swerving Speed more than 10 mph below limit Stopping without cause in traffic lane Following too closely Drifting Tires on center or lane marker Braking erratically Driving into opposing or crossing traffic Signaling inconsistent with driving actions Slow response to traffic signals Stopping inappropriately (other than in lane) Turning abruptly or illegally Accelerating or decelerating rapidly Headlights off Speeding, incidentally, is not a symptom of DUI; because of quicker judgment and reflexes, it may indicate sobriety. Question: If I'm stopped by a police officer and he asks me if I've been drinking, what should I say? Answer: You are not required to answer potentially incriminating questions. A polite "I would like to speak with an attorney before I answer any questions" is a good reply. On the other hand, saying that you had one or two beers is not incriminating: it is not sufficient to cause intoxication - and it may explain the odor of alcohol on the breath. Question: If I am asked if I have had any alcoholic beverages, should I say yes? Answer: Generally, alcohol can be smelled, so even if you have had just one drink, admit to it. This honesty right up front will make the officer more likely to listen to you. Besides, if alcohol is detectable, denying that you have had anything to drink makes you less credible. However, anything you say will be used against you, so you can always reserve the right to not say anything. Question: If asked, should I be truthful about how many I have had, and over how long of a time period? Answer: It depends. If you admit to having any more than two drinks, it is likely that you will be arrested for DUI. It gets especially difficult to assess whether or not you are intoxicated when the officer does not consider how long it took you to have those 3 drinks, per se. Consuming three drinks in 45 minutes is much different than three drinks over an entire afternoon. An option is always to simply not answer the questions at all. I have certainly enjoyed winning DUI trials because the State had little evidence due to my client not saying anything or participating in anything when they were stopped and arrested. Unfortunately, sometimes, non-intoxicated people have been arrested and made to pay a substantial quantity of money for bond, automobile towing, and attorney's fees to mention a few, just to clear their names. Question: What should I do if I am not going to answer? Answer: The Fifth Amendment to the Constitution affords you the right not to incriminate yourself. Kindly ask the officer why you were stopped and whether or not you are under arrest. If you are, you have the right to see an attorney before answering any other questions. Let the officer know that you would like to do that before he or she questions you anymore. If you are asked to take a field sobriety test, mention again that you would like to be advised by your attorney on if that is a good idea or not. You are not refusing or agreeing to take one, you'd just rather keep all of your bases covered with counsel first. However, if you are told to get out of your car, you must oblige. If the officer says that you are not under arrest, then ask if you are going to be given a traffic ticket, and if you will be allowed to leave afterwards. If the officer says yes, continue to be courteous and quiet. Do not volunteer any information of any kind. If he asks about your consumption of alcohol again, kindly tell him that you choose not to answer any other questions besides those regarding the traffic offense you are being stopped for. In the event the officer tells you that you are not under arrest but cannot leave, the best thing to do is to inform the officer of your desire to obtain the advice of a lawyer before answering any more questions. Don't forget to be polite. By doing this, you have caused the officer to make a choice: either he must now choose to let you go or to wait for you to contact an attorney, in effect, extending his investigation at the scene. If he lets you go, drive cautiously away. Most likely, the officer will ask you to take a PBT. This is a breath test which measures your alcohol level. This test is not admissible in court. If you do not take it, the officer will then arrest you and most likely issue you a ticket. If you do take it, the officer will most likely issue you a DUI if you blow at .08 or greater. Also note, that is Kansas you do not have a right to an attorney regarding this test. If the prolongs the investigation, he must be careful not to violate your federal and state constitutional rights to not be unreasonably seized. By remaining silent and waiting for an attorney to be present, you make it more difficult for the officer to reasonably seize you. In other words, it is not considered an admission of guilt to use your constitutional right not to self incriminate. But again, the officer will most likely rely on the PBT. In any event, if and when you find yourself in the classic DUI situation (where you're being held for a DUI/DWI investigation but you're not yet arrested) it is best to be polite. You should invoke your right to remain silent. This way, you are letting the officer do the best he can with the evidence he can legally find. Question: What is the officer looking for during the initial detention at the scene? Answer: The traditional symptoms of intoxication taught at the police academies are: Flushed face Red, watery, glassy and/or bloodshot eyes Odor of alcohol on breath Slurred speech Fumbling with wallet trying to get license Failure to comprehend the officer's questions Staggering when exiting vehicle Swaying/instability on feet Leaning on car for support Combative, argumentative, jovial or other "inappropriate" attitude Soiled, rumpled, disorderly clothing Stumbling while walking Disorientation as to time and place Inability to follow directions