Olathe DUI Lawyers
- 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.
- 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.
- Jerry Wallentein:
You should take a drunk driving charge seriously.ÊAny alcohol-related driving offense needs to be handled immediately.
- Fletcher & Rohrbaugh:
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.
- Jerimiah Johnson:
It pays to prepare every case is if it will go to trialÑand to do that, it is best to approach each case with the assumption that it will. That level of preparation puts us in the best position to advocate for your best result.
- Michael Bartee:
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.
- Jacquelyn Rokusek: Getting
arrested for DUI can mean a lot more than just a heavy fine and taking
a Saturday afternoon class. Drunk driving is taken seriously in Kansas.
You risk losing your driving privileges if you do not act quickly, and
multiple convictions can lead to a serious felony charge on your
criminal record.
If you’ve been arrested for DUI, either for the first time or
multiple times, it is important to hire an experienced Olathe DUI
lawyer who knows how the municipal courts operate.
- Langston Law Office:
A drunk driving (DUI/DWI) conviction can have long-lasting and
unexpected consequences. Your driving privileges may be suspended for
at least 30 days and you will inevitably experience a hike in your
insurance premiums. A conviction leaves a permanent stain on your
driving and criminal records. These records are accessible by
employers, schools, scholarship committees, even foreign
countries’all of which may deny you access or benefits if a DUI is
present on your record. You may continue to pay for your DUI long after
the incident occurred.
- Garretson & Webb:
A DUI is classified as a misdemeanor, but even a first offense for
driving under the influence includes penalties of up to 6 months in
jail (2 days minimum), up to $1000.00 fine, driver's license suspension
up to one year, depending on whether or not the driver submitted to a
breath test, plus 330 days of restricted license (work, school, etc.).
In Kansas, you must request an administrative law hearing within 10
days of your arrest to preserve your right to a hearing on the
suspension and extend the temporary driver's license you were issued at
the time of your arrest.
A second drunk driving conviction involves up to one year in jail, one
year of license suspension, and a minimum fine of $500.00. A third
offense is considered a non-grid felony, and also carries a potential
one year in jail, plus further suspension of your driver's license.
Refusal to submit to a breathalyzer test carries an automatic one year
license suspension, and up to 2 years on a second offense.
- John Jenab:
Choosing counsel for a criminal matter is not an easy task. The case
itself is often emotional, other personal or family crises often are
ongoing at the same time, and there is never a lack of attorneys who
claim to handle criminal matters.
- Robert McRorey:
Criminal charges are not the same as a criminal conviction.
- Trey Pettlon: Being
charged with drunk driving carries risks of heavy fines and other
punishments, including jail! Having an experienced DUI / DWI law
attorney on your side is vital. When charged with drunk driving there
are a limited number of days to challenge the suspension of your
driver's license and to preserve all of your rights and defenses.
Potential punishment includes revocation of your license, jail time, a
criminal record, and fines that could reach thousands of dollars.
- Paul Cram:
Many people who have been arrested recall the officer telling them: If
you work with us, we can make things easier for you. But the officer
has absolutely no authority to make things easier for you once he or
she sends the report to the prosecutors office. Any perks you get for
cooperating with the police (cup of coffee? cigarette?) end at the
police station door.
- John Harvell:
As a general rule, before conducting a search or seizing property, law
enforcement officers must obtain a warrant based on probable cause.
Otherwise, the search or seizure may be presumed to be unreasonable.
However, given the numerous circumstances that may be involved in a
search, the Supreme Court has identified several exceptions that
provide officers additional flexibility, specific to certain scenarios.
For instance, when officers arrest an individual, they may conduct a
warrantless search of all areas within the arrestee's wingspan as a
precautionary measure to promote officer safety.
- Scott Gyllenborg:
The stakes in a DUI case are high in Kansas. Mandatory minimum jail sentences
for a DUI conviction extend from 48 consecutive hours to 90 consecutive days.
Mandatory minimum fines range from $200 to $1,000. Mandatory minimum
suspensions of driving privileges extend from 30 days to one year. And a third
or subsequent conviction for DUI within five years is a felony conviction, and
will lead to a minimum three-year revocation of the client's driving privileges
as a "habitual violator." All of these consequences can have a devastating
effect on the client's ability to raise a family and maintain employment. And
the law of Kansas does not provide for "hardship" driving privileges during
suspensions that allow the client to drive to and from work or school.
"Drink the first. Sip the second slowly. Skip the third."
NOTRE DAME FOOTBALL COACH KNUTE ROCKNE
THE IMPAIRED DRIVING LAWS of Kansas are different than those of any other state. If you recently have been arrested for driving under the influence of alcohol or drugs, you need an experienced DUI defense lawyer now .
You have only a few days within which to protect your privilege to operate a motor vehicle, and if the deadline passes with no action on your behalf, your driving privileges will be suspended. You were probably served with a pink sheet of paper, called a Form DC-27 or Form DC-28. Read that document completely, front and back. In most cases you have only ten days from the date on which the DC-27 or DC-28 was served on you to request in writing a hearing on the issue of whether your driving privileges will be suspended and, if suspended, for how long.
Under Kansas law, you will go into custody if you are convicted of DUI. The sentence can run from 48 consecutive hours to one year, depending on the number of previous convictions you have. Also, your driving privileges can be suspended from a minimum of 30 days (a minimum one year if your BAC exceeded .15) to the rest of your life, depending on the number of previous DUI convictions or test refusals/failures you have. Despite what you may have heard, "hardship" licenses are not available in Kansas , although a period of restricted driving privileges can follow a suspension under certain circumstances. Fines on a conviction range from $500 to $2,500, and reinstatement fees range from $100 to $1,000.
If you are under 21 years of age, on a first offense your driving privileges will be suspended for at least 30 days and restricted for another 330 days if the court finds that your blood or breath alcohol content (BAC) was .02 or greater but less than .08. If your BAC was .08 or greater, your driving privileges will be suspended for one year. Those penalties can increase with subsequent convictions.
- Jay Norton:
The goal of our law firm in representing a DUI client is to get a dismissal of
the charges, an acquittal at trial, or a non-DUI disposition (i.e., plead
guilty to reckless driving or driving while suspended). While this is not
always possible, we don't stop fighting until our clients tell us to.
- Darrell Smith:
- Ensure the evidence against you is collected and preserved in a legal manner
- Ensure
that your constitutional rights are upheld
- Ensure that you are provided a fair
trial
- Appeal any errors committed by the court or its participants.
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