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Overland DUI Lawyers

• Gilman, Frank: Every criminal charge is a serious matter. From shoplifting and charges of driving under the influence, to cases of violent assault and drug trafficking, whatever the situation, it is important to have an experienced criminal defense lawyer on your side.
• Hoffman, Larry: If you have been charged with a DUI, do not plead guilty before consulting with an experienced criminal defense attorney. A DUI conviction is a criminal conviction and it carries serious criminal and civil penalties. A first-time DUI is a misdemeanor offense. A third-time DUI is a felony offense. Both carry civil penalties regarding your driving privileges.
• Steven Neighbors: What Are Some Common Mistakes People Make in a Criminal Matter and How Can I Avoid Them? 1. 2. Allowing a search or seizure when the police come to your home or work - Do not give the police permission to do this unless they present proper credentials and a search warrant. Read the complete search warrant to determine the scope and ask to watch the search proceedings. 3. Giving a voluntary statement - You are not required to talk to the police when they come to discuss a crime with you. You have the right to remain silent, which is what you should do until you speak to an attorney. 4. Not being polite and courteous with the police - Don't give them a reason to escalate the situation and use violence and force on you. 5. Resisting arrest - Being uncooperative during an arrest will only hurt your case.Ê 6. Voluntarily giving samples of body fluids, fingerprints, handwriting, clothing - You don't have to give officers these items without a court order or your attorney's permission. 7. Taking a polygraph or lie detector test - Even if you pass it, this test is not admissible in court. 8. Failing to ask if you are under arrest - If the officers say "Yes", you have the right to know why. 9. Not telling your lawyer all the facts - Your lawyer can't give you the best representation if he or sheÊdoesn't know all the facts about the case. It's not good for your attorney to be surprised by information he or she learns at a hearing or trial. When you're honest with your lawyer,Êhe or she can do a better job at protecting your interests. 10. Choosing a lawyer who is not experienced in criminal law or with handling trials - Criminal charges can have serious current and future consequences. Choosing an experienced and skilled lawyer can have a tremendous effect on the outcome of your case.
• Kelly Law Firm: If you have been charged with a DUI or DWI, you want an experienced attorney who can handle all matters related to your arrest.
• Louis Wexler: A criminal conviction can change your life ¥ and not for the better. When you or a family member is facing criminal charges, such as those involving drunk driving (DUI), drug crimes, property crimes, or violent crimes, a capable and skilled attorney can be the lifeline that you need. OU AND DRUNK DRIVING The incidence of alcohol related offenses has been increasing at a staggering rate and, likewise, there has been an emphasis on the prosecution of impaired drivers.Ê For the most part, most of us donÕt realize the serious legal consequences that can arise. What may be an innocent dinner at your favorite restaurant or attending a party with friends could be disastrous.Ê Studies have shown that three beers within a one hour period can put you over the legal limit.Ê Likewise, 3 glasses of wine could do the same. The legal blood alcohol limit in Kansas is .08%.Ê The legal limit in Missouri is .10%, but that will probably eventually be lowered. Alcohol related offenses are a two-edged sword.Ê Not only are you faced with criminal prosecution, but, as I will explain later, your driving privileges may be jeopardized.Ê Also, of important consequence, is the effect a conviction may have upon your automobile insurance. WHAT DO I DO IF YOU HAVE BEEN STOPPED 1. DonÕt be combative Ð thereÕs an old saying ÒHoney catches more flies.ÓÊ This is true.Ê By all means do not be combative.Ê The officer will write that down on his report.Ê Give him your driverÕs license.Ê DonÕt refuse to talk to him. 2. Do not volunteer too much Ð the officer will ask you a lot of questions.Ê Just answer the questions.Ê He will probably ask you how much you had to drink.Ê I do not recommend being specific with this.Ê When the officer starts asking these types of questions, tell him or her that you would like to talk to an attorney. 3. Take the Tests.Ê You will probably be asked to perform certain tests such as a field sobriety or dexterity test, preliminary breath test, and the dreaded Breathalyzer test.Ê By all means, take the tests.Ê The field sobriety tests will probably consist of a one leg stand, heel to toe walking, alphabet test, number counting, touching the nose, and the horizontal eye gaze.Ê Studies have shown that 36 percent of perfectly sober people have failed field sobriety tests.Ê The preliminary breath test is a relatively new test.ÊÊ It consists of blowing into a machine at the scene.Ê It will show up either red or green.Ê If it shows red, you are in trouble.Ê Take this test.Ê Refusal to take the preliminary breath test is a separate violation.Ê Finally, there is a Breathalyzer test.Ê The Breathalyzer is the test that is the proof of the pudding so to speak.Ê However, the test is only as good as the operator, the machine, and the procedures that have been followed.Ê By all means, take the test.Ê Refusal to take the test will automatically result in a suspension of your driving privileges, regardless if you were perfectly sober.Ê If you are under any type of mediation, tell the officer.Ê Do not try to fool the Breathalyzer by blowing softly.Ê The machine will catch you and show an insufficient sample.Ê Usually the police officer will tell you to blow harder and if you continue to give insufficient samples, then you could be declared as refusing the test.ÊÊ If you cannot blow any harder because of medical reasons, however, such as asthma or a bronchial condition, by all means tell the officer. Kansas DUI Kansas law does not permit plea bargaining on DUIÕs.Ê Only convictions occurring within the past 5 years are taken into account. First time conviction.Ê Upon a first conviction, a person shall be sentenced to not less than 48 consecutive hours nor more than six monthÕs imprisonment, and fined not less than $200 nor more than $500.Ê In addition, the person will be ordered to enroll in and complete an alcohol and drug safety action program. Second time conviction.Ê Upon a second time conviction, a personal shall be sentenced to not less than 90 days nor more than one yearÕs imprisonment and must serve at least 5 days imprisonment.Ê In addition, the person shall be fined notÊ less than $500 nor more than $1,000.ÊÊ As a condition of probation the person shall be required to enter into and complete a treatment program for alcohol and drug abuse. Third time conviction.Ê Upon a third or subsequent conviction of a violation of this section, a person shall be guilty of a nonperson felony and sentenced to not less than 90 days nor more than one yearÕs imprisonment and fined not less than $1,000 nor more than $2,500.Ê The person shall not be eligible to release on probation until he or she has served at least 90 dayÕs imprisonment. Missouri DUI In Missouri, aÊ Òprior offenderÓ is defined as a person who has been found guilty of one intoxication-related traffic offense within five years of the occurrence.Ê A Òpersistent offenderÓ is defined as a person who has pleaded guilty to or has been found guilty of two or more intoxication-related traffic offenses within ten years of the occurrence. First time conviction.Ê Upon a first conviction, a person can be sentenced for up to 6 months imprisonmentÊ Second time conviction.Ê Upon a second time conviction within a 5 year period a person can be sentenced for up to 1 year imprisonment and face a fine of up to $1,000 or both. Third time conviction.Ê Upon a third or subsequent conviction within a 10 year period is a felony and a person can face up to 4 years imprisonment and face a fine of up to $5,000 or both.Ê Of a violation of this section, a person shall be guilty of a nonperson felony and sentenced to not less than 90 days nor more than one yearÕs imprisonment and fined not less than $1,000 nor more than $2,500.Ê The person shall not be eligible to release on probation until he or she has served at least 90 dayÕs imprisonment. Missouri law dictates that no court shall suspend the imposition of sentence for a prior or persistent offender nor sentence such person to pay a fine in lieu of imprisonment and that no person shall be eligible to parole or probation until he or she has served a minimum of 48 consecutive hoursÕ imprisonment. DriverÕs License As I explained earlier, a failure of a blood alcohol test or refusal may jeopardize your driving privileges, regardless of what happens in adult court.Ê In both Missouri and Kansas, you are looking at restricted driving privileges for an additional 330 days.Ê In Kansas, a second failure of a blood alcohol test will result in a suspension for a period of one year.Ê In Missouri, a second conviction in a five year period will result in a revocation for 5 years and a third conviction for a driver will result in a 10 year conviction.Ê In both Missouri and Kansas, a refusal to take a blood alcohol test, whether it be a breath test, blood test, or urine test, will result in a suspension of your driving privileges for one year.Ê This, again, applies whether or not you were perfectly sober.Ê So my advice is to take the test.ÊÊ If you are given a ticket, usually the police officer will take your license and give you a temporary permit to drive.Ê The permit will explain your rights to a hearing before an administrative judge.Ê I suggest you request such a hearing.Ê But remember, you only have a short time to request such a hearing.Ê WHAT CAN YOU DO NOW My advice is to drink responsibly and if there are any doubts as to your sobriety, then seek some other alternative to your driving or travel.Ê I am sure most of us had had to make that decision at one time or another.Ê If you have been charged with an alcohol related offense, my advice is to seek a competent attorney to help you.Ê These are criminal offenses and can haunt your for a long period of time.Ê There needs to be investigation whether the arrest was legal and if the proper procedures have been followed by the police officer.Ê There are many alternatives which are available to you in lieu of going to jail.Ê I am available to you for a consultation to discuss your rights.
• Bradley Peterson: People are arrested every day for driving under the influence (known in some areas as driving while intoxicated, or DWI). You may be embarrassed, but the potential consequences are too great to delay calling a DUI attorney. You might lose your driver’s license, serve jail time, pay steep fines and see your car insurance skyrocket. Even if it’s your first offense, you might lose your license for 270 days and spend two days or more in police custody (jail). If you are convicted of a second offense, jail time is a minimum of 5 days plus up to 90 days of house arrest. And every conviction within a certain period of time counts toward a severe restriction on your driving privileges -- up to 5 years of suspension. The penalties will depend on your particular circumstances. NOTE: If you are under the age of 21, any alcohol in your system is considered a DUI in Kansas, even if your blood alcohol content is below the adult threshold of .08 percent.
• Kopecky Law Office: If convicted of a DUI in Kansas pursuant to K.S.A. 8-1567.
  
  A 1ST CONVICTION is considered a Class B nonperson Misdemeanor with a length of confinement of 48 hours to 1 year in jail. The minimum sentence is 48 consecutive hours in jail with a fine between $500-$1,000. The Court has the discretion to allow a defendant to perform 100 hours of community service in lieu of serving the mandatory 48 consecutive hours in jail.
  
  
  A 2ND CONVICTION is considered a Class A nonperson Misdemeanor with a length of confinement of 5 days to 1 year in jail. The minimum sentence is 5 days in jail with a fine between $1,000-$1,500. The Court has the discretion to allow a defendant, after the defendant spends 48 consecutive hours in jail, to serve the remainder of the mandatory sentence under house arrest or on work release.
  
  
  A 3RD CONVICTION is considered a Non Grid Felony with a length of confinement of 90 days to 1 year in jail. The minimum sentence is 90 days in jail with a fine between $1,500-$2,500. The Court has the discretion to allow a defendant, after the defendant spends 72 consecutive hours in jail, to serve the remainder of the mandatory sentence on work release.
  
  
  A 4TH CONVICTION or more is considered a Non Grid Felony with a length of confinement of 90 days to 1 year in jail. The minimum sentence is 90 days in jail with a fine of $2,500.
  
• Mark Hagen: About D.U.I. / D.W.I.

  What is driving while intoxicated or driving under the influence of drugs or alcohol? In Kansas and Missouri, a charge of driving while intoxicated is a serious offense, particularly if there has been an accident with personal injuries. Both states mandate that a blood alcohol level of 0.08% constitutes driving while intoxicated.

  What happens in a DWI/DUI police stop?

  If the police believe that there are reasonable grounds to believe that you are operating or attempting to operate a motor vehicle while under the influence of drugs or alcohol, they can detain you and ask you to submit to field sobriety tests.

  Do I have the right to an attorney if I'm stopped by the police and asked to take field sobriety tests?

  No.

  If I fail the tests, what next?

  These tests are scored based on your performance of each of these field tests and together with the officer's own observations, may result in your arrest and booking. During this booking phase, you will be asked to submit to a chemical test to determine the level of alcohol in your system.

  What if I refuse the chemical test?

  There is no absolute answer to this question and the unique facts surrounding your case will dictate whether or not it is appropriate to refuse the chemical (breath, blood or urine) test.

  How does this impact my driving privileges?

  Typically, the first offense results in a loss of driving privileges for a period of one year, in which the first thirty days permit no driving at all, followed by limited driving for the remainder of the one-year suspension. Subsequent arrest and convictions have more severe driver's license implications. To ensure the state properly respects your rights, you must request an administrative hearing within 10 days in Kansas and within 15 days in Missouri or the suspension is automatic.

• Trent Besse: Driving under the influence charges are serious matters, and deserve serious legal analysis. Under state law, you could be sentenced to up to one year in jail for a first or second offense, and the third offense in your lifetime is a felony, carrying even stiffer penalties (K.S.A. 8-1567). In addition, there are mandatory driver's license penalties for driving under the influence, including a suspension on a first offense (K.S.A. 8-262), and a restriction after the initial suspension. Depending on your circumstances, you may be declared a habitual violator, and face up to ten years of mandatory driver's license suspension. If you have been cited with a DUI recently, call me immediately, there are very short time limitations to protect your rights. These are all issues you need to discuss with an experienced attorneyright away.
• Brian Leininger: DUI is no longer a minor traffic offense.¥ Even a first conviction carries mandatory jail time, a high fine,¥and a suspension of your driver's license.¥ This will impact your ability to maintain insurance, continue your education and obtain or hold a job.¥ You need a lawyer who is highly trained and experienced in this area.
• Former Defense Attorney: Not only does the individual in this predicament face the prospects of jail, but losing one's driver's license in today's society is a serious impediment to every day life. Those arrested for DUI do not have long to act in order to preserve their driving privileges, call a lawyer today.
• Lou Wexler: The consequences of being charged and convicted of DUI are serious. In recent years, public sentiment has continued to prompt legislators to enact more severe penalties.
• Angles Law Firm:

  Winning a DUI Case

  Winning Your Case – A Short List of Common Defenses

  Most people, including many lawyers, think that drunk driving cases are cut-and-dry proceedings: You have been accused, so you must be guilty. As a result, many people think they have to plead guilty. Nothing could be further from the truth!
  
  Unfortunately, most defendants do not fully appreciate the many years of personal, financial and professional misfortune that result from a DUI suspension/conviction.
  
  Insurance companies, future employers, professional organizations, schools and other entities can all access those records. Additionally, since 9-11, more and more institutions are seeking greater disclosure from their applicants. Also, they’re following up with much more rigorous verification efforts and background checks. Of course, the Internet continues to greatly enhance everyone’s access to public records of all variety, making searches into your background easier and more cost-effective to perform than ever.
  
  With the guidance of a skilled DUI practitioner, many defendants can avoid a conviction and the related consequences. Christopher J. Angles has helped many clients avoid convictions, jail time, fines, community service, a permanent record and the other unpleasant consequences of a DUI arrest.
  
  

  Conviction Rates

  All cases have unique aspects that influence their ultimate outcome. Also, different states, jurisdictions, prosecutors, judges, juries and administrative agencies have different characteristics which influence the final results.
  
  A 1999 National Highway Traffic Safety Administration study attempted to discover a DUI conviction rate, using ten counties throughout the U.S. as a sample. Statistical certainty was never arrived at and conclusions, such as a “national average,” could not be made because of a host of complicating factors. Interestingly, some counties reported conviction rates as low as two-thirds of those originally arrested on a drunk driving charge. Or, 1 out of 3 charges did NOT result in a conviction.
  
  While all cases have their own unique facts, below are examples of defenses that a rigorous defense attorney will explore and could be used to challenge the prosecutor’s case against you:

  Driving

  • The prosecution could not prove that the defendant was driving or in physical control of the vehicle
  • The vehicle was not on a public road

  Reasonable Suspicion and Probable Cause

  • The arresting officer did not have adequate probable cause to stop the vehicle and make an arrest. Because the arrest is not valid, all evidence obtained will be suppressed and the case is dismissed
  • The officer used a pretext to stop the vehicle and was intent on arresting the driver for drunk driving
  • A citizen provided a “tip” to police, but the basis for this evidence cannot be verified or the witness is unavailable

  Sobriety Checkpoints

  • Notice of the checkpoint was not advertised or otherwise properly given to the public in advance
  • Vehicles were not stopped at random
  • An illegal search of the vehicle was conducted
  • The checkpoint did not have a clear and specific purpose
  • The vehicle was stopped for avoiding the checkpoint, when no traffic offense was committed or other probable cause existed
  • The driver was improperly detained
  • Other procedures used by law enforcement to conduct this roadblock did not conform to state or local regulations
  • Other activities by law enforcement violated the constitutional rights of the driver

  Motions to Suppress Evidence

  • Miranda rights were not read or given at the appropriate time, suppressing any incriminating statements
  • The driver was not warned of their implied consent rights, or the officer did not properly advise about the consequences of refusing to take a chemical test
  • The vehicle was searched illegally and the evidence is not admissible
  • The officer coerced the driver into performing field sobriety tests
  • The police were not truthful or manufactured evidence
  • The BAC (Blood Alcohol Content) of the driver was not obtained in adequate time (usually 2-3 hours) to determine the BAC at the time of driving, or retrograde extrapolation cannot otherwise be conducted with accuracy
  • Retrograde extrapolation (see DUI Terms) calls into question BAC at the time of driving
  • The officer’s observations and opinions as to intoxication can be called into question

  Motions to Suppress the Breath Test Results

  • The test was improperly given
  • The operator of the test was not properly certified
  • The device was not properly calibrated or otherwise maintained
  • Maintenance records were not supplied per defense counsel request
  • There was radio frequency interference
  • Chemical compounds other than alcohol were measured as if they were alcohol
  • Something in your mouth interfered with the test
  • The device measured mouth alcohol and not deep lung air
  • A mandatory observation period was not followed
  • A medical condition of the defendant (acid reflux, etc.) interfered with the results
  • An inherent margin of error for the device (usually, at least 10%) reduces BAC results below the legal limit
  • Testing was conducted during the absorptive phase
  • Other factors, combined with one or more of the above, cast doubt on the accuracy of the results

  Motions to Suppress Blood Test Results

  • The blood was not drawn properly
  • The phlebotomist or criminalist was not properly trained or certified
  • The chain of custody for the sample was deficient
  • The container has been contaminated
  • The results are from the wrong sample
  • HIPAA regulations were violated

  Motions to Suppress Field Sobriety Test Results

  • The conditions were not suitable
  • Instructions for the test were not properly administered, or the defendant otherwise did not understand the instructions
  • The tests were not conducted using proper procedures
  • The physical condition of the defendant prevented them from adequately performing the tests
  • The officer was not properly trained to administer the tests
  • The results were not scored properly
  • Given inherent error, results are not a reliable basis to evaluate one’s ability to operate a vehicle
  Of course, the defenses above are provided for illustration purposes (may or may not be relevant to your particular case) and represent a small fraction of the possible defenses that can be brought to your defense.
  
  For example, at trial a number of situations present themselves which can have a positive effect on your case. Witnesses for the prosecution do not appear or are discredited, experts bring new evidence or insights to your benefit, new facts are revealed during discovery that help challenge the case the prosecution has built, etc. Also, a host of procedural issues and other guidelines must be satisfied in order for you to have a fair trial.
  
  As always, an experienced DUI attorney is best prepared to explore the pros and cons of a trial and take full advantage of these and other dynamic and challenging situations on your behalf.