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Olathe DUI Lawyers

1. Martin & Wallentine: Steps of a Drunk Driving Charge The steps of a Kansas DUI case range from the initial stop to post-sentencing issues. An experienced Kansas DUI lawyer will be able to guide the defendant through the stages. The main stages of a Kansas DUI case is the stop, police investigation, arrest/ticket, booking, bail, first appearance/arraignment, discovery, negotiation, preliminary hearing (if charged as a felony as compared to a misdemeanor), suppression hearing, pre-trial conference motions, trial, sentencing and appeal. If your case was initially in the city court, you may have the right to appeal any adverse rulings and start all over again in the District Court under de-novo review. If you or someone you know has been charged with a DUI, consult with a Kansas Drunk Driving Defense Attorney who focuses on defending clients charged with driving under the influence of alcohol or drugs. The content of this site is provided for informational purposes only and you should always speak with an attorney about such serious matters. Though having a few drinks or cocktails may seem harmless, the effects can be devastating if followed by an attempt to drive afterwards. Such risky behavior could result in a costly traffic ticket combined with jail time, fines, and the loss of your driver's license. Far worse is the possibility of injuring, and possibly killing, an innocent person. Whether you've been ticketed for drunk driving, or your situation is more severe, contacting a Kansas drunk driving defense lawyer immediately can be extremely beneficial in your case. Kansas Police Officers' Methods to Determine Intoxication Law enforcement officers use three different methods to determine whether a driver has had too much to drink or is too intoxicated (due to drugs or alcohol) to be driving. These methods include: Observation Field Sobriety Tests BAC - Blood Alcohol Tests - PBT, Intoxilyzer, UA, and/or Blood Test Simple observation begins well before the person is even removed from the vehicle. The officer makes notations regarding the driving itself. Many times, even when a mere traffic infraction is committed, it becomes the officer's opinion that the suspect's driving is indicative of drunk driving. The Kansas officer then observes the driver's demeanor to determine whether the driver is intoxicated, based on the suspect's general behavior. Officers observe things such as smell, statements by the driver, appearance, fumbling, articulation etc. A sobriety test includes what is referred to as a field test. The officer will instruct the suspected intoxicated operator of a vehicle to do several exercises, such as follow a light with their eyes only, walk a straight line, stand on one leg, and/or recite the alphabet. These things supposedly assist the officer in determining whether an individual is intoxicated. A typical blood alcohol test usually includes use of a portable breathalyzer unit, which calculates the amount of alcohol in an individual's blood by measuring the percentage of alcohol in the driver's breath, blood, or urine and calculating it by using a mathematical formula. Kansas officers use PBT's on the field and a more sophisticated machine at the station called the Intoxilyzer. You may also have done a blood test, which generally is more reliable. Also, a UA (urinary analysis) may be taken. Officers rarely give blood tests as they predominantly utilize the Breathalyzer. It is important to know what your legal rights are concerning a DUI. A Kansas DUI attorney has expertise in this specific area of law and may be able to help you determine what your next step should be. Penalties For Driving Under the Influence The penalties in DUI cases can be complicated due to legislated mandates, prosecutor policies, and pressure for groups such as MADD. There are a set of penalty guidelines for authority figures to follow; however, several factors could change the outcome of the penalty, including whether or not: You refused to take the Breathalyzer Test You've EVER had a previous DUI. There is no limited look back period anymore. Your BAC was .15% or greater You received other traffic citations such as DWS, DWR, No DL, TOC, etc. There was a minor in the automobile Whether anyone was injured Sentencing in a DUI case is affected by the specific facts of the case, the specific judge hearing the matter, and any weaknesses in the prosecutor's case uncovered by the Kansas dui defense attorney. The administrative hearing penalty regarding your license is not something which are adjusted. They simply are what they are and you need to try and beat the administrative hearing outright, albeit difficult.
2. Langston Law Office: A drunk driving DWI/DUI conviction can have longlasting and unexpected consequences. Your driving privileges may be suspended from 1 to 10 years or more, and you will experience an increase 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, all of which may deny you access or benefits if a DUI is present on your record.
3. Hottman & Associates: Approximately 3,800 people are arrested each day for suspected drunk driving nationally, with an average of 130 people being arrested in Kansas and Missouri daily. If you are one of them, your concerns may range from whether you will spend any time in jail to how much you will pay in court costs to how long a driver's license suspension will last. When you are facing these and other tough questions after a DUI-related arrest, you need to talk to someone who can help you. The offense of drunk driving is known as "DUI", "DWI" or "OUI". These terms are essentially the same, and we use them interchangeably. Kansas cases are generally called "DUI", with a few municipalities using other acronyms such as "OUI" to classify drunk driving. These acronyms are derived from the statutory/ordinance language of each governmental body, but they all refer to the same type of offense: drunk driving, impaired driving, driving under the influence of a narcotic, etc. If you have been charged with drunk driving, it is important that you contact an attorney as soon as possible. Important evidence may be available that could exonerate you, require suppression of evidence, or mandate that the case be dismissed.
4. 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.
5. 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.
6. 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.
7. 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 youÕve 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.
8. 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 countriesÕall 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. If you are charged with a DUI (driving under the influence of alcohol and/or drugs) in Kansas, you face two distinct hearings: (1) The DUI trial in city (municipal) or state (district court) court and (2) an administrative hearing (civil action) during which you either lose your driving privileges for a period of time or manage to protect your privilege to drive. Each of the two hearings is quite different from the other. One is civil and one is criminal. The difference is critical and time is of the essence. You have only ten days to request the administrative hearing to protect your driving privileges. Further, you have to make the request using specific language in order to protect your right to a fair and impartial hearing. Contact an experienced DUI lawyer immediately after your arrest and provide that attorney with the DC-27 (pink form) form you were given at the time of your arrest. Criminal Matter - Kansas DUI 1st Offense (Class B Misdemeanor) Minimum 48 hours in custody; up to 6 months in jail; loss of driving privileges $500-$1,000 fine Probation not granted until 48 hours imprisonment 2nd Offense - Kansas DUI Minimum 5 days in custody; up to one year in jail; loss of driving privileges $1,000 - $1,500 fine Probation not granted until 5 consecutive days served in jail; can be released on work release or house arrest after 48 hours in jail 3rd DUI - (Felony Offense) Minimum of 90 consecutive days in jail, up to one year jail; loss of driving privileges $1,500-$2,500 fine Probation not granted until 90 consecutive days served in jail; work release or house arrest is possible after 48 consecutive hours in jail. 4th DUI (Felony Offense) Minimum of 90 consecutive days in jail; up to one year in jail and post release supervision; loss driving privileges $2,500 fine Probation not granted until 90 consecutive days served in jail; work release possible after 72 consecutive days in jail. You face driver's license suspension after a DUI arrest. After you are arrested for DUI and receive a DC-27 form, you have ten days to request an administrative hearing concerning your driver's license suspension. To protect your driving privileges, consult an experienced DUI lawyer within that ten-day time period.
9. Garretson, Webb & Toth: 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.
10. Jenab & McCauley: 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.
11. Robert McRorey: Criminal charges are not the same as a criminal conviction.
12. 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. Whether it's called a DWI (Driving while Intoxicated) or a DUI (Driving Under the Influence of alcohol or drugs) or referred to by some other abbreviation such as OUI, the consequences for being convicted even of a first offense can be more severe than the consequences for most crimes including many felonies. Moreover, the laws keep getting more and more severe with each passing year. It's important to meet with an attorney quickly to help with a DUI / DWI! When you get arrested for drunk driving, you have to move quickly to preserve your rights or your driver's license will automatically be suspended for 30 days, a year or possibly even for the rest of your life. In Kansas, you have 10 business days from the date of your arrest to request an administrative hearing to challenge the suspension. In Missouri you have either 15 or 30 calendar days depending on whether you took the breathalyzer. But if you don't request your administrative hearing in time, you won't have the chance to fight it...no matter how good your defenses are or how good your attorney is. The time starts running the minute you fail or refuse a breathalyzer...even when it's Saturday morning at 2 o'clock in the morning.
13. 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. 20 Ways to Beat a DUI If you have been arrested for DUI or DWI, it is obviously cause for concernÑbut not necessarily despair. By hiring an experienced DUI defense lawyer who knows what to look for to protect your rights, you place yourself in the best position to defend the charges against you. The following is a list of factors that can contribute to a successful outcome in a DUI case. Of course, not everything listed below will be a factor in every case Ð an experienced, seasoned police officer will be extremely careful during a DUI stop to avoid these pit-falls. However, this list provides several examples of what an experienced, seasoned, aggressive DUI defense lawyer examines in preparing a successful defense. 1. ILLEGAL STOP OF PERSON OR VEHICLE Ð An officer cannot initiate a traffic stop unless he has reasonable and articulate basis to believe that a traffic law or other law has been violated. Similarly, a person cannot be seized unless a violation has occurred. 2. LACK OF PROBABLE CAUSE TO ARREST Ð Even following a valid traffic stop, a police officer must have specific and articulable facts to support any arrest for DUI, or arrest may be deemed unlawful and any evidence arising from that arrest may be suppressed at trial. 3. ILLEGAL SEARCH Ð The police are prohibited from searching a person or the automobile for a minor traffic offense, and may not search a car without a driverÕs consent or probable cause. Any evidence illegally obtained is not admissible in court. 4. WEAVING INSIDE THE LANES IS NOT ILLEGAL Ð weaving within your lane of travel without crossing any lane markers is not a per se violation of the law, and a vehicle cannot be stopped for that reason alone. 5. ANONYMOUS REPORT OF DRUNK DRIVING Ð a car cannot be stopped simply because an anonymous citizen reported erratic driving. The arresting officer must make independent observations that confirm the anonymous tip. 6. STANDARD FIELD SOBRIETY TESTING IS INACCURATE Ð in healthy individuals, the one-leg stand test is only 65% accurate, and the walk-and-turn test is only 68% accurate in determining if a person is under the influence. Persons with injuries, medical conditions, 50 pounds or greater overweight, and 65 years or older cannot be validly judged by these tests. 7. FIELD SOBRIETY TEST IMPROPERLY ADMINISTERED Ð According to the National Highway Traffic Safety Administration (NHTSA), improperly administered field tests are not valid evidence of intoxication. 8. MEDICAL AND HEALTH PROBLEMS Ð Medical problems with legs, arms, neck, back and eyes can affect the results of field sobriety tests. Further, other medical conditions can also affect the validity of breath test results. 9. BAD WEATHER Ð Weather reports establishing high winds, low visibility, precipitation and other conditions may provide a valid explanation for otherwise poor driving or poor performance on Standardized Field Sobriety Tests. 10. NON-STANDARDIZED FIELD TESTS PROVIDE LIMITED BASIS FOR ARREST Ð neither the Federal Government (NHTSA) nor medical science considers touching your finger to your nose, or saying the alphabet, or counting backwards, as valid sobriety tests. 11. IN-SQUAD VIDEOS Ð more and more often, the suspectÕs driving and performance on field tests is being recorded; often contradicting police testimony. 12. PORTABLE BREATH TEST INADMISSIBLE Ð Most states prohibit the use of portable breath testing (PBT) results as evidence at trial in a DUI case. The extent of the evidentiary value of a PBT is solely as a probable cause indicator for the officerÕs decision to arrest. 13. PORTABLE BREATH TEST IMPROPERLY ADMINISTERED Ð The manufacturers of portable breath testing devices (PBTs) require specific pre-testing protocol - such as an observation / deprivation period - in order for the results to be deemed valid. Even when relied upon for the limited purpose of establishing ÒProbable CauseÓ to arrest, a PBT must be administered properly. 14. BREATH TEST OPERATOR UNLICENSED Ð Most states require a Breath Test Operator to be properly trained and licensed to operate a breath testing device. 15. BREATH TEST OPERATOR LICENSE EXPIRED Ð Even if the Breath Test Operator has been properly trained and licensed, if his license has expired without proper renewal, his test results are generally inadmissible until he obtains a current license to operate the machine. 16. BREATHALYZER MACHINE MALFUNCTIONS Ð Most states specify that if there is a malfunction or repair of the breath test instrument within a certain period of time before or after a suspectÕs breath test, the results of the suspectÕs test are presumed invalid. 17. BREATH MACHINE NOT PROPERLY OPERATED Ð The manufacturers of breath testing devices have specified protocols, which must be followed for a breath result to be valid. Failure to follow these requirements can result in improper readings and inadmissible results. 18. FAILURE TO CONDUCT OBSERVATION PERIOD Ð Most states require that a driver be observed continuously for a minimum period, such as twenty minutes, prior to a breath test in order for the results to be considered valid and admissible. 19. FAILURE TO MIRANDIZE Ð Prosecutors may not use statements of a defendant in custody for a DUI as evidence if the police failed to properly issue Miranda Warnings prior to the interview. 20. BOOKING ROOM VIDEOS Ð Many police stations videotape suspects at the police station, where their speech is clear and their balance is perfect, in spite of police testimony to the contrary.
14. 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. Seven Things You Need to Know About DUI's 1. If you have been arrested for a DUI, you have two distinct legal problems. The first is a civil proceeding regarding your driver's license. The second problem is the criminal DUI. They both have different legal standards, and the result on each will not influence the other. 2. DUI's are lifetime occurrences and stay on your record forever. A third DUI offense is a felony. 3. You may be asked to take both a preliminary breath test (PBT) at the scene and a breath test after you are arrested. The preliminary breath test cannot be admitted into evidence at any potential trial. However, if you refuse the breath test at the station, you are facing at least a 1-year suspension of your driver's license. Refusal of a PBT results in no driver's license suspension - simply a ticket. 4. If you plead guilty or are found guilty of a DUI, you will have to get an alcohol evaluation through a court-certified provider prior to sentencing. 5. Almost all DUI arrests area recorded by video. Video is a valuable tool and should always be obtained and reviewed with your lawyer. 6. If you are arrested for a Felony DUI in Johnson County, Kansas, you are likely to be placed on bond supervision. Those bond conditions can include house arrest, random urinalysis and reporting to a probation officer. 7. The national average cost for a DUI is $10,000. The $10,000 cost includes the attorney's fees, fines, lost income and increased insurance premiums. Your cost would be a fraction of that amount.
15. 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.
16. Norton Hare: 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. How To Hire The Best DUI DWI Attorney In Kansas If you have been charged with a DUI you are scared, anxious, worried and confused. You may feel depressed, ashamed or even victimized. All of these emotions take a heavy toll on you and will creep into, if not overwhelm, your work, relationships and personal life. Because you only have ten days in which to make a written request for a driver's license hearing, and to get it done right, you have to move fast and make a decision about an attorney in a short period of time. The crisis in your life caused by a DUI arrest, and all of the anxiety and emotions that flow from it, can lead you to make a mistake in hiring an attorney. You may be tempted to hire the first one you talk to just to get the decision over with. You may allow someone to capitalize on your fears without giving you accurate information and without taking time to make the right decision. Or you may base your decision purely on who is the cheapest because you are so concerned about the financial impact that a DUI conviction or driver's license suspension will have on you. Please review the following information regarding the things to think about when trying to find the best DUI attorney to assist you. DO YOU EVEN NEED AN ATTORNEY? Some people think that they don't need an attorney to represent them, especially if it is a first offense. In fact, a lot of police officers will tell first time Kansas DUI offenders that they don't need an attorney. A DUI, especially given the ever-tightening DUI laws in Kansas, is like a disease on your life. A DUI charge can result in a loss of driving privileges, loss of a job, jail time, upheaval of personal relationships, enormous expense and inconvenience, as well as a criminal record for life, higher insurance rates and a long-list of other social and legal problems. If you had a disease you would go see a doctor. If you needed surgery you would not perform surgery on yourself. This is an important, potentially life-altering, situation and you not only need a lawyer, but you need someone with a lot of experience and skill in the area of DUI defense. You can represent yourself if you want. The saying that "the lawyer who represents himself has a fool for a client" did not become a clichŽ without good reason. You will likely lose your driver's license in the administrative proceeding and have the criminal case navigated for you by a prosecutor. That is the lawyer who is against you! He or she may seem helpful, but his or her job is to get convictions and collect money for the State or City, not help you. Even if you elect to accept diversion, the quality of your life while on that diversion will be dictated by the terms of the diversion agreement and you need a lawyer's advice about that document. DUI diversions are counted as convictions if you ever get charged with another DUI in Kansas any time in your entire life. A driver's license suspension will be on your driving record and used to enhance the penalties on a future driver's license suspension for the rest of your entire life. This is no time for amateur hour. Our law firm has seen many clients come to us just before accepting a diversion or conviction only to achieve through our representation acquittals, dismissals, return of their driver's license or significantly reduced impact on their personal and professional lives. We have also had to help people deal with the aftermath of poor legal representation in DUI cases and it has not been pretty in many instances. WHO IS THE RIGHT KANSAS DUI ATTORNEY? The representation of persons charged with DUI in Kansas has become an extremely complex and Byzantine maze that few lawyers have really invested the time and energy to understand. The laws concerning administrative driver's license ramifications and criminal case penalties change nearly every legislative session. Because decisions by the Appellate and Supreme Courts are issued every few weeks, the Kansas DUI laws actually change on an almost monthly basis. It takes serious dedication and focus to stay on top of the law and to be able to provide accurate, reliable advice in a DUI case. You have to be careful about relying on advertising and sloganeering. Anybody who graduates from law school can call themselves a DUI attorney. Anyone can place an ad in the back of a newspaper or on a billboard touting themselves as a DUI lawyer. You need an attorney who does not just call themselves a DUI lawyer, but that actually has a reputation and track record as a DUI lawyer. COMMON MISTAKES IN SELECTING A KANSAS DUI ATTORNEY: 1. Hiring your friend, friend's dad, or your real estate attorney to represent you for a Kansas DUI charge. Not just anybody with a law license can give you effective representation in a DUI case. It is a particular area of the law. The guy that did your divorce, wrote your will or helped you sue someone may not be the guy for your DUI. In fact, even an attorney that practices general criminal defense may not have expertise in the area of DUI defense. A Kansas DUI is a whole lot different than a speeding ticket, domestic violence charge or a theft case. Also your friend or a friend's family member may be trying to help you out, but unless he or she handles a lot of Kansas DUI's he may hurt you more than help you. 2. Hiring the first person you get hold of from the yellow pages. If you have not opened the yellow pages and looked under the category "attorneys", you should. You will be amazed at the enormous number of attorneys marketing themselves in the Kansas City area, and you will have some sense of the competition for clients in this market. Anyone can buy a yellow pages ad. No one checks the accuracy of the claims made in the advertisements. You can also see from the ads that many attorneys are attempting to "do it all", including bankruptcy, divorce, immigration, or other disparate areas of the law in addition to doing some DUI's on the side. Some attorneys that rely on advertising and yellow pages ads may be running "fee mills" in which they count on the high volume of random people finding them in the yellow pages. They have low fees, but their aim may be to resolve cases quickly and in large numbers in order to make a living. 3. Hiring someone based on online advertising. Just like with the yellow pages and all forms of advertising, anyone can put up a webpage and declare themselves a DUI attorney. It does not necessarily make it so. One thing to watch out for is the national "pay to play" websites. There are a lot of them. These sites claim to have a stable of the best DUI attorneys in the country - all you have to do is type in the name of your state or click on a map. In reality, these sites make money by selling their web advertising space to the first attorney that comes up with the money. Many sites will offer an exclusive listing for a certain state or area of a state to lawyers in exchange for dollars. There is no vetting done to determine whether these people are competent or have any experience in litigating DUI cases - the first one to come up with the money gets a webpage and the referral of every potential client that comes to the site. Take a look at the pages of lawyers that the site offers from other states. Usually, all of the different lawyers' pages look the same because they are just forms that the attorney advertiser fills out. They will even have the same slogans and graphics. Some of these attorneys may actually emphasize DUI cases in their practice, and be good at what they do, but some others are running a fee mill and may not be willing to actually try your DUI case. An attorney that has taken the time to invest a lot effort in a website that he or she hosts and maintains him or herself, and which provides a lot of information, is more likely to be someone dedicated to the defense of people charged with a DUI in Kansas. 4. Hiring someone based on a newspaper or magazine article. You can look at the back page of many local papers or magazines and see the ads of attorneys touting their services for one thing or another, usually DUI, bankruptcy and divorce. Often, when an attorney is just starting out, advertising this way is a good way to introduce one's name into the marketplace and to get some clients from which to build a practice. There comes a time, though, when an attorney's reputation in the community and the word of mouth of former clients should be able to sustain him or her. Making a decision about an attorney based solely on what you see in an advertisement may not be the best way to find a skilled attorney who will fight for you. Would you feel comfortable leaving a life-threatening illness to a doctor you found on the back of a free paper? 5. Hiring an attorney based on price. Another clichŽ that became a clichŽ because it was so true is, "You get what you pay for". Nothing could be more accurate when it comes to lawyers. Another saying you might not have heard is "There's nothing more expensive than a cheap lawyer". Making the decision about who to hire based on the fee may be a very costly mistake. If you've had a DUI before and only paid your attorney a few hundred dollars, you recall how that worked out. A DUI charge can have serious long term financial ramifications, from fines, fees and court costs, to higher insurance, the loss of employment, driver's license reinstatement fees, the costs of court-ordered drug and alcohol treatment programs, ignition interlock devices, "color-code" bodily fluids tests etc. Making an upfront investment in effective representation, and at least someone who knows how to navigate the system well, may save you thousands over the long term and greatly diminish the impact of this situation on your life. An attorney that is charging a high fee should be doing so based on his or her knowledge, skill and reputation in the community, as well as the amount of work that he or she intends to put into defending you. Going the cheapest route possible may get you the opposite and cost you financially and otherwise for a long time to come. HOW TO DO IT RIGHT: 1. Word of mouth: This is the most effective form of advertising and should be one effective way to determine which lawyer can best represent you. Almost everybody knows someone who has been cited for DUI, and some of your acquaintances themselves may have been in this situation. Ask those people who it was that represented them, whether they were satisfied that their lawyer did everything he or she could for them, and whether they would hire that person again. You should be able to get the names of 2 or 3 competent attorneys this way, as well as the names of people to avoid. 2. Do your own research: You should get familiar with Kansas DUI laws and be prepared with questions for the attorneys you intend to talk to. You should also try to research the attorneys themselves and get to know something about their experience with DUI cases. Go to the attorneys' websites and see what you can learn about them. Are they maintaining their own website and providing information to the public, or are they just on pay sites? Does the person's name come up often in sites concerning DUI cases in Kansas? What organizations do they belong to? Attorneys that belong to organizations dedicated to the defense of persons charged with DUI, or criminal defense in general, are more likely to be dedicated themselves to effective representation of those charged with a DUI in Kansas. 3. Meet with the attorney: You need someone that you are comfortable with, in whom you have confidence, and who has your best interests in mind. You should be able to gauge to some extent whether this attorney intends to work for you and fight for you, or sell you out the first chance he or she gets. 4. Make your decision based on who it is that you believe can best represent you: Try to block out considerations of money, allegiance to friends or family, or anything other than in whose hands do you feel most comfortable with your life being held. That person is probably the attorney for you and you must find a way to secure his or her representation. WHAT YOU SHOULD EXPECT FROM YOUR KANSAS DUI ATTORNEY: 1. Answers to your questions when asked. 2. Prompt return of all telephone calls and emails. 3. That a copy of all police reports, videotapes, photographs and other evidence will be obtained by the attorney and copies sent to you. 4. A willingness to meet in person to discuss your case. 5. Correspondence concerning all activity in your case, including any upcoming court dates or driver's license hearings. 6. A thorough review of all of the facts and law applicable to your case. 7. An honest assessment of the strengths and weaknesses of your case. 8. A desire to talk to witnesses, review medical records and come up with other defenses in your case, 9. Good advice about strategy, evidence collection, and how to resolve your case. 10. Knowledge, experience, skill, confidence and total honesty. If you are willing to invest the time and resources necessary to find the lawyer who can best represent your interests in your case, you are likely to have far less anxiety during the pendency of your case and have a far better chance at achieving a satisfactory result and minimizing the immediate and long-term impact of this charge on your life.
17. Darrell Smith:
    1. Ensure the evidence against you is collected and preserved in a legal manner
    2. Ensure that your constitutional rights are upheld
    3. Ensure that you are provided a fair trial
    4. Appeal any errors committed by the court or its participants.