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Olathe DUI Lawyers

1. Gyllenborg & Dunn: Driving while intoxicated "Drink the first. Sip the second slowly. Skip the third." KNUTE ROCKNE - University of Notre Dame Head Football Coach THE LAW OF IMPAIRED DRIVING DIFFERS FROM STATE TO STATE. Do not rely on a friend who got a DUI to tell you what the law is. I f you recently have been arrested for driving under the influence of alcohol or drugs, you need a DUI defense lawyer now. If you have been arrested for DUI, you have only a few days within which to protect your privilege to operate a motor vehicle. If the deadline passes with no action on your behalf, your driving privileges will be suspended. You were probably served by the police officer with a sheet of paper called a Form DC-27. (It is pink.) READ THAT DOCUMENT IMMEDIATELY - FRONT AND BACK! 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 of one year if your BAC was .15 or above) up to the rest of your life, depending on the number of previous DUI convictions, or test refusals or 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 upon conviction range from $500 to $2,500, and reinstatement fees range from $100 to $1,000. For more information about the penalties in Kansas for a DUI conviction, go to www.ksdot.org/burTrafficsaf/alcdriv/DUIlaws.asp. In Kansas, 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 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. Arnold & Keck: Driver's License Suspension Administrative Hearings Ñ 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 Ñ 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.
10. 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.
11. 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.
12. 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.
13. Jerry Wallentein: You should take a drunk driving charge seriously.ÊAny 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