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Olathe DUI Lawyers

1. Arehart & Ernzen: Felony and DUI Attorneys Arehart and Ernzen fully assess each case and offer an honest evaluation to each client, regardless of the criminal charge. Mr. Arehart will investigate the law enforcement processes every step of the way from ensuring that evidence has been properly acquired to ordering tests for mental evaluations. We have represented clients on felony cases involving: Murder Assault Robbery Sex Offenses Arson Conspiracy Drug Crimes Narcotic Sales Possession of Methamphetamines Cocaine Possession Marijuana Possession Drunk Driving (DUI or DWI) Juvenile Law Juvenile law relates to the actions and well-being of persons who are not yet legally adults. A person is considered a juvenile if he or she is not yet old enough to be held responsible for criminal acts. The precise age at which a child ceases to be a juvenile varies among the states. However the age of 16-19 is when the average state considers a child to no longer be a juvenile. In most states the law considers individuals less than the age of 18 years to be a juvenile. Traffic Law Traffic law violations have been divided into 3 categories: Felonies Misdemeanors Infractions or Violations Traffic and driving related offenses could have serious criminal consequences, i.e., a loss of your license or job. The consequences are compounded when a driver is accused of driving under the influence. Whether the offense is major or minor, conviction for a traffic offense can lead to a significant increase in insurance rates and impair the quality of your daily life for years to come.
2. Harvell, John: DUI in Kansas A. Misdemeanor DUI in Kansas - K.S.A 8-1567 A first or second offense DUI arrest is charged as a "B" or "A" misdemeanor. Those cases carry a possibility of up to six months in jail and a $1,000 fine and/or a 1-year jail sentence and a $2,500 fine respectively. For first offenses, there are special plea agreements that can be worked out to avoid receiving a conviction or serving a minimum jail sentence. Kansas carries a minimum jail sentence of 48 hours on a first offense and five days in jail on a second offense. In special circumstances, those jail sentences can be avoided by serving a Weekend Intervention Program and House Arrest. Because these cases can be a prior conviction that can later have you charged as a felony, it is very important that these charges are fully investigated and taken to trial if you have a defense. Due to the fact that these cases can be lifetime convictions, it is ever more important that these matters be fully investigated and taken to trial if at all possible. Frequently, cases can be resolved in city courts when an individual is charged with a first or second misdemeanor without the harsh consequences that you see at the state level. Because of the future ramifications and the possibility of you being charged with a felony, you must take these cases seriously. In-Car DVD Video: Most police contact is documented by in-car DVD videos. It is important to review those videos and compare them to the police reports to make sure the officer is giving an accurate representation of a suspected drunk driver's coordination, balance and behavior. Frequently, the observations police officers report do not appear on the DVD video. B. Felony Driving Under the Influence/DUI - KSA 8-1567 In Kansas, a 3rd lifetime DUI becomes a felony. You are facing a very real risk of serving 90 days in jail. Obviously, the stigma and legal ramifications of receiving a felony conviction is serious. Many individuals convicted of a felony DUI lose employment due to incarceration or the suspension of their driver's license. Due to the serious nature of a felony DUI conviction, it is critical to hire any attorney who is experienced in handling these types of cases as a specialty. I have handled these cases in Kansas as a prosecutor, defense attorney and judge. Every DUI is investigated thoroughly to make decisions of whether to take the case to trial or jury trial. That means that a thorough review of the police reports, accompanying paperwork and in-car police DVD must be reviewed. If the case involves a breath test or blood test, all the supporting documents to show that the proper procedures were used must be scrutinized. Felony Kansas DUI I. Proving prior DUI convictions 2. Sentencing Options * House Arrest * Presentence Investigation Report * LSIR Inventory * Alcohol evaluation C. Driver's License Suspensions for DUI - K.S.A. 8-1001 and 8-1002) Because of the importance of maintaining your driving privilege, it is critical to hire an attorney that specializes in DUI representation. The State of Kansas has recently increased the potential driver's license suspension for being arrested on a DUI charge. Depending on whether you take a breath test or whether you refuse, you are looking at a significant driver's license suspension. In addition, if you have prior DUI arrests, those convictions or driver's license suspensions can increase your current length of suspension. * If you test below .15%, you are facing a 30-day suspension and 330-day restriction. * If you test over .15%,you are facing a 1-year suspension followed by a 1-year ignition interlock requirement. * If you refuse a breath test, you are facing a 1-year suspension followed by a 1-year ignition interlock requirement. Those are all situations if you have no prior DUI suspensions. If you have priors, you are obviously facing a much more lengthy suspension. Request for Kansas Driver's License Hearing If you arrested for a DUI, you only have 14 days to request a driver's license hearing before the Department of Revenue. That hearing request has to be done in the correct form and in the correct manner, or a hearing will not be granted and the police officer may not be required to appear at the hearing. * Your driver's license will remain valid until you have a hearing regarding your alleged failure of a breath test or refusal of a breath test. Those hearings are taking four to five months to get scheduled. In addition, due to the State of Kansas budget problems, many areas in the State of Kansas are currently not scheduling driver's license hearings. Commercial Driver's License * If you are arrested for a DUI while operating a commercial vehicle and you have a commercial driver's license, your license will be immediately suspended. * You will be given Notice of that suspension and the opportunity to appeal that suspension. However, your license will remain suspended until you have the opportunity to have a hearing. * Drivers with commercial driver's licenses are not eligible for Diversion even when not operating a commercial vehicle and they receive a DUI. D. Diversion If you have no prior DUI arrest convictions, you may be eligible for Diversion. Diversion is a program where you can avoid receiving a conviction if you complete the diversionary program. However, that diversion will remain on your driving record and can be used to increase any future DUI arrests to a second-time DUI or a felony_ For that reason, Diversion should not be taken lightly. In addition, you will have several terms and conditions of Diversion: * Alcohol Evaluation. Choosing your Alcohol Evaluator is very important to how your case is monitored while on Diversion. The law offices of John E. Harvell are associated with many alcohol evaluators within the Kansas City metropolitan area and will assist in having you referred to the best evaluator for your particular case. Random Urinalysis - Drug Testing and Alcohol Testing * Monthly meetings with a diversion monitor * Completion or recommended alcohol classes * No consumption of alcohol for the period of diversion * No violations of law Diversion Revocation: If you fail to complete any term or condition of Diversion, you will be facing a diversion revocation. That means if you consume alcohol, not complete any required alcohol classes or the Victim Impact Panel, you will be facing a diversion revocation, a conviction on the charge and serving the minimum jail sentence. Treatment: Your alcohol evaluation is going to recommend a minimum 8-hour ADSAP class. If you have a second offense or a high breath test, you are also likely to be required to complete outpatient treatment. * Outpatient treatment can be a minimum of 12-15 one-hour sessions. Intermediate outpatient treatment - 25 one-hour sessions Advanced outpatient treatment - 50 one-hour sessions, 5 a week within 10 weeks
3. Cramm, Paul: Protect Your Rights. Too Much Is at Stake. If convicted of driving under the influence, you stand to lose your driving privileges, pay steep fines, pay significantly increased insurance rates, and potentially suffer social embarrassment and damage to your reputation. Even a first offense DUI carries a mandatory minimum jail sentence and can result in sanctions at your place of work (including termination).
4. 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 driver’s 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.
5. Erker Law: DUI/DWI/OUI – 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 driver’s 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 one’s 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.
6. 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 fight—and win on behalf of his clients.
7. 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 driver’s 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 don’t 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, it’s 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 – 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.
8. Spencer Law Firm: 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.
9. Schoenig, Erica: A traffic violation or drunk driving offense will leave you with criminal and administrative concerns. If you want to minimize the criminal consequences and keep your license, you want an attorney who will advocate for your rights without judgment. As you fight to protect your rights, it is best to remain polite and courteous to law enforcement officials. At the same time, you have every right to refuse a PBT, roadside test, or a BAC. There are no consequences for refusing a field sobriety test, while a PBT refusal could result in a fine. Refusing the BAC could result in license suspension for a year if you lose the hearing.
10. 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