dui dwi attorneys

DUI / DWI Defense Attorneys in Kansas City, Kansas Area

A driving under the influence (DUI or DWI) arrest can be a scary, confusing, and frustrating experience, especially if it is your first time going through the criminal justice process. Not only is a conviction punishable by fines, license suspension, and even jail or prison time, but it also results in a permanent criminal record that can ruin your professional reputation and personal life.

Are you facing charges for drunk driving? Following an arrest, you only have 10 days to request an administrative hearing. It is important that you speak with a Kansas City, Kansas DUI attorney immediately. At SRC Law Group, LLC, our attorneys understand that facing these charges can be frightening and it can be difficult to know what to do.

We have more than 25 years of combined experience in criminal law, making us equipped to represent your freedom and constitutional rights. With experience as a former prosecutor, Attorney Phil Stein understands how investigators think, how prosecutors are crafting cases against you, and even how judges operate in criminal cases.

If you are facing arrest for drunk driving, do not hesitate to contact one of our Kansas City, Kansas DUI lawyers today.

Kansas DUI Laws

All motorists in the state are not allowed to operate or attempt to operate a vehicle with a blood alcohol content (BAC) level of at least .08 percent or under the influence of alcohol or drugs to a degree that makes a person incapable of safely operating a vehicle. For commercial driver’s license (CDL) holders, the BAC threshold is lowered to .04 percent.

In addition, a person can be charged with drunk driving without operating the vehicle. Kansas courts say any “overt act to engage” is enough to warrant DUI charges.

How Underage Drinking Laws Differ

For underage drivers, blood alcohol content (BAC) of .02% or higher is grounds for a DUI or DWI. In addition, Kansas law makes it a crime for anyone under the age of 21 to possess, consume, obtain, purchase, or attempt to obtain alcoholic liquor. Any juvenile convicted of such offenses will be fined between $200 and $500.

An underage drinking conviction may also result in mandated community service, completion of an educational program, suspension of driving privileges, and the loss of extra-curricular opportunities.

What Are the Penalties for A DUI in Kansas?

The penalties for a Kansas DUI depend on the circumstances of the case. The courts will determine a defendant’s penalties based on their BAC level, their criminal history, and other factors.

A first-time drunk driving conviction in the state of Kansas results in the following:

  • A 25-day license suspension
  • A fine of $500 to $1000
  • A minimum incarceration of 48 hours

Repeat convictions or getting into a drunk driving accident can result in:

  • Felony charges that include a one-year license suspension
  • $2,500 fine
  • A one-year prison sentence
  • Mandated use of an ignition interlock device (IID)

These are some of the questions we ask during our investigation:

  • Did the officer have probable cause to stop you?
  • Was the field sobriety test conducted in accord with NHTSA guidelines?
  • Was mandated breathalyzer protocol followed?
  • Is there available video of your arrest?

When you come to our firm, you can trust that our Kansas City, Kansas DUI attorney will work tirelessly to fight the evidence that is presented against you. We are well versed in common prosecutor tactics and can help build a defense to safeguard your future and liberties.

SECOND & THIRD DUI IN KANSAS

The penalties for a first-time DUI conviction are severe enough, but pale in comparison with the penalties you will face for a second or third offense. If you’ve been arrested for multiple DUI's, you should not expect prosecutors or juries to show you any leniency. Instead, you must take quick action to defend your future by retaining a skilled DUI lawyer.

Our legal team at SRC Law Group, LLC consists of tough, battle-tested trial lawyers, several of whom have previously served as district attorneys. Our unique blend of knowledge and experience has led to numerous successful case results in some of the most complex criminal matters. When you retain our firm, you can trust that your case is in the hands of a skilled professional who knows how to get results.

The Consequences of Multiple DUI Convictions

A second or third DUI conviction will yield some exceptionally serious penalties. Second DUI is charged as either a misdemeanor or a felony, while third DUI is always a felony. If you participated in a DUI diversion program for a previous DUI, this may still be counted against you as a prior offense

Penalties for a Second DUI Offense in Kansas City, Kansas can include:

  • At least 5 days in jail, and up to 1 year
  • Fines of up to $1750
  • A 1-year suspension of your driver’s license
  • Mandatory installation of an ignition interlock device

Penalties for a Third DUI Offense can include

  • Between 90 days and one year behind bars
  • Fines totaling up to $2500
  • A 1-year driver’s license suspension
  • Ignition interlock device

Take Strong Action With Our Help

At SRC Law Group, LLC, our Kansas City defense attorneys are extremely well-versed in this area of law. Our attorneys have nearly three decades of collective experience in criminal defense, and have seen firsthand how the prosecution will build their case against you. When you retain our firm, you can expect us to be tireless advocates for your rights, freedom, and future.

REFUSING TO TAKE BREATHALYZER TESTS

Kansas Breathalyzer Laws

In the State of Kansas, when you are granted a driver’s license you have “implied consent” to all forms of sobriety testing. Refusing testing is a crime that may carry up to 6 months in jail, 1 year license suspension, & up to $1k in fines. Many drivers who have gotten pulled over for suspicion of driving under the influence (DUI) or driving while intoxicated (DWI) have refused a breathalyzer test. By doing so, they have put themselves at risk for automatic license suspension and other penalties.

If you have been pulled over by law enforcement and have refused a breathalyzer test, call SRC Law Group, LLC​ at (913) 948-9311 for a free consultation. We work hard to help you protect your driving privileges and your freedom.

If You Refused the Breathalyzer

If you were pulled over on suspicion of DUI or DWI and you refused the breathalyzer test, other evidence may be used against you.

This may include additional evidence gathered by law enforcement, which may include:

Behavior when pulled over (law enforcement looks for slurred speech, problems with balance and other signs of impairment)

Erratic driving behavior, such as weaving between lanes and moving violations

Smell of alcohol, bloodshot eyes, and other signs of intoxication

Performance on field sobriety tests, such as the horizontal gaze Nystagmus test

If you refused the breathalyzer and the other evidence didn't show that you were intoxicated, it is likely that you can avoid drunk driving consequences with the help of an experienced DUI defense attorney.

However, if additional evidence was gathered during the pull-over and it shows questionable behavior, the need for aggressive defense is much higher. The driver can actually be charged with refusing to take a breathalyzer, and a host of penalties may result, including mandatory suspension of his or her driver's license.

Should I Take the Breathalyzer?

There is no one single correct answer to this question. Whether or not an individual should take a Breathalyzer test depends upon a variety of considerations.

With the help of an experienced attorney, it is possible to win a drunk driving case. Many things must be proven in order to convict an individual of DUI. Our criminal defense lawyers are familiar with the various tactics used by prosecutors, and aggressively defend our clients to counter their strategies. We have over 25 years of experience defending individuals charged with DUI or an implied consent violation.

DUI BLOOD TESTS

If you are lawfully arrested and charged with driving under the influence, you will be required under Kansas law to submit to a chemical test for your blood alcohol content (BAC). This test can be done in one of two ways: blood or breath. While a breath test is much easier to administer, blood tests are far more accurate and therefore preferred by many police and law enforcement agencies when they are available as an option. You may not refuse this test, and doing so will automatically warrant an automatic year-long suspension of your driver’s license plus a two-year period with a mandatory ignition interlock device.

When you are subjected to a blood test, it’s imperative you speak with an attorney as soon as possible. While you do not have the right to have a legal representative present when the test is administered, a Kansas City, Kansas defense lawyer can help you fight back against your charges, possibly even using the results of your blood test or an error in its administration to assist you. SRC Law Group, LLC has more than 25 years of combined experience practicing criminal law, and can help you navigate through your case from start to finish. We critically analyze all of the evidence in your case to formulate the best possible defense strategy and guide you towards the best possible outcome.

If you have recently taken a blood test for your DUI, call SRC Law Group, LLC at (913) 948-9311 as soon as possible!

Are Blood Tests Infallible?

Many people believe that a blood or breath test which shows they were over the legal limit is insurmountable evidence and that they are better off pleading guilty or no contest. This is far from the truth; while blood tests are far more accurate than breath tests, you should not feel compelled to plead guilty in any case. Blood tests themselves are not immune from errors which could prove that the evidence against you is faulty and your charges should be dropped.

A blood test’s results can be compromised when:

  • The chemical analyzer was not calibrated properly.
  • Other samples were tested at the same time and accidentally contaminated each other.
  • Chromatograms show the results to be suspect.
  • The sample was mishandled at some point before testing
  • The sample was improperly stored or stored for too long before the test was performed.

Request Records

When preparing for your DUI case, you and your attorney should move quickly to obtain records that could prove to be evidence which helps your case. For starters, you should request the calibration records and records of other tests performed at the same time from the Kansas Bureau of Investigation, where most of these tests are performed. You should also request the chain of custody for a sample to see if it may have been mishandled or in some way impacted in a way that could disprove your results.

Finally, your own testimony of the test could influence the results. Was your arm swabbed with alcohol before the test? Believe it or not, while sanitary, this could result in your blood alcohol level showing higher than it actually was, thus leading to a potentially false arrest.

FIELD SOBRIETY TESTS

Law enforcement may not arrest you for any reason without establishing probable cause to believe that a crime has been committed. When it comes to driving under the influence of drugs or alcohol, probable cause may only be obtained once an officer is under reasonable suspicion that a crime has been committed. But how can law enforcement make this determination? The answer: field sobriety tests. A field sobriety test is a simple task than law enforcement asks a person they suspect of being intoxicated to perform, and their ability to perform it is usually severely hindered by their intoxication.

While law enforcement uses these tests to establish probable cause and make arrests for drunk drivers, they are notoriously inaccurate and prone to errors both in results and in administration. If you have been arrested for DUI, an error in your field sobriety test could be a critical part to your case. When you call SRC Law Group, LLC, our criminal defense attorneys work hard to help you fight back against your charges in every way possible.

We are experienced in reviewing all evidence in your case, and we can work with you to determine the best possible strategy for defeating your charges and helping you maintain your rights, privileges, and clear record. If you have any suspicions about your arrest, including your field sobriety tests, discuss your case with an attorney from our firm and begin developing an impactful, hard-hitting defense case.

Types of Field Sobriety Tests

Field sobriety tests used to come in many different shapes and sizes, but a lack of standardization or proper training meant they were tremendously unreliable and led to countless false arrests. Today, law enforcement receives proper training on standardized field sobriety tests which they can use to help establish probable cause.

The three most common types of field sobriety tests are:

  1. Walk-and-turn: Perhaps the most well-known test, the walk-and-turn test involves walking in a straight line, heel-to-toe, and then turn on the spot after a certain number of steps. This test combines listening and executing commands along with the ability to keep balance.

  2. One-leg stand: Similar to the walk-and-turn, this test involves maintaining balance on one foot without having a point of reference to balance on, and doing this while also performing another mental task, such as counting to 30. Sound hard? It is. Thousands of people fail this test every year simply because they couldn’t do it at all, even some people who are completely sober.
  3. Horizontal gaze nystagmus: This is perhaps the simplest and most accurate test because you don’t really have the ability to beat it. In this test, an officer simply has you follow a pen, finger, or small light with your eyes and without moving your head as they move it horizontally in front of you. Those who are intoxicated lose the ability to control their eye movements smoothly, resulting in flickering or twitching motions in intoxicated individuals.

Declining a Field Sobriety Test

It’s important to note that field sobriety tests like these are not mandatory by law. They are not legally considered a search, and you do have the right to refuse to consent to one of these tests. However, this does not guarantee that you won’t be arrested for DUI—law enforcement can obtain probable cause legally in other ways.

Conversely, once you are arrested, law enforcement can compel you to consent to a search, which means you will be forced to take a blood or breath chemical test, and the results of this test can be used against you during your trial and administrative hearing.

OUT-OF-STATE DUI CHARGES IN KANSAS

Most people are well-aware of what happens when you are arrested and charged with driving under the influence, but what happens when you are arrested in a different state? Many Kansas City, Kansas residents cross the border into Missouri on a regular basis, so what will happen if you are arrested on that side of the state line? Things tend to get a little bit more complex. Because these cases can feature a number of intricacies and points of legal contention, it’s strongly advised you seek counsel from an experienced Kansas City, Kansas DUI attorney.

When you call SRC Law Group, LLC, you can trust that your case is in capable, experienced hands that are dedicated to your best interests and motivated to help you achieve the best possible outcome. Our team has more than 25 years of combined experience working with clients to help them maintain their rights and freedoms by navigating criminal charges, no matter how complex. We are highly knowledgeable in DUI law, and can work with you to put all of the evidence in your case to work for you. Our attorneys have earned some of the most prestigious honors in the industry, including selection to Super Lawyers®, a 10.0 Superb rating from AVVO, and recognition from The National Trial Lawyers.

If you have been arrested for DUI across state lines, call SRC Law Group, LLC today by dialing (913) 948-9311 and ask to receive a free, confidential case evaluation.

Will Your Charges Follow You?

One of the most common questions we receive from clients arrested while out of state is “will my charges follow me if I live in Kansas?” The answer isn’t exactly straightforward, but most of the time they will. There are two major agreements which regulate whether violations like DUI charges follow you: the Driver’s License Compact (DLC) and the Non-Resident Violator’s Compact (NRVC). Using these agreements, the member states communicate with each other and share information regarding driving history, moving violations, and other crimes, including DUI. However, not every state is a member of these agreements; the DLC has 45 member states and the NRVC has 46.

States that are not a member of one of at least one of these two agreements are:

  • Georgia
  • California
  • Massachusetts
  • Tennessee
  • Alaska
  • Montana
  • Oregon
  • Michigan*
  • Wisconsin*

*Michigan and Wisconsin are not member states of either the DLC or NRVC agreements

Depending on the nature of your charges, if you were arrested in any of these states, your charges may not follow you and you may not be extradited to face them should you return back to Kansas. However, this is not a guarantee, and you could still be arrested and brought back, particularly for egregious cases, such as Felony DUI arrests or leaving while bail. If you are arrested in Kansas and are from another state, you likely will be extradited and brought back to answer to these accusations.

It’s strongly advised you seek an attorney for help with navigating out-of-state DUI cases, as they can assist you in developing a strategy and preparing for the steps that lie ahead in your case.

DRUG DUI ATTORNEY

Driving Under the Influence of Drugs in Kansas

When you mention the word “DUI,” what’s the first thing that you think of? For most people, it’s driving while drunk. However, DUI charges aren’t limited to just alcohol intoxication, but any form of inebriation that could impact your ability to drive safely. One of the fastest-growing threats of intoxication on the roads today is driving while under the influence of drugs (DUID) , and today, charges can carry extremely heavy, even life-changing penalties if you are found guilty in court.

Have you been arrested and charged with driving under the influence of drugs? If so, you should not hesitate to contact a Kansas City criminal defense attorney as soon as possible. At SRC Law Group, LLC, we understand how difficult DUI charges can be for you and your loved ones, and we work hard to help you successfully navigate your case with confidence. We have more than 25 years of combined practice experience on all court levels, and have helped numerous clients obtain a successful outcome after their arrest. We believe every client deserves top-quality representation for their trial, and we tailor our strategy to meet your needs and offer you the dedicated, quality defense you’re looking for.

If you have been accused of driving under the influence of drugs, call SRC Law Group, LLC today by dialing (913) 948-9311 to request a free consultation!

Driving Under the Influence of Prescription Drugs

While alcohol-intoxicated DUI numbers are actually decreasing thanks to better education and responsible actions, drugged driving is quickly rising to take its place. A 2009 report from the NHTSA found that as many as 16% of drivers at night have some form of drugs in their system, both legal and illegal, which might be impacting their ability to drive. As this problem continues to grow, expect law enforcement to take extra precautionary and preventative measures to keep these drivers off the road and ensure safety.

One of the largest reasons for this is that the laws are designed to include “any drug,” which can include medications or other drugs you have received via a valid prescription from a doctor. Being legally allowed to consume a substance does not excuse driving while under the influence of one. Most drugs that have a risk for driving-impairment side effects will come with a warning not to drive or operate machinery while using them, but some people still continue to drive, not recognizing that they are impaired and subject to being charged with DUID (driving under the influence of drugs).

Some drugs that could inhibit your ability to drive safely include:

  • Allergy medications
  • Cold medicines
  • Painkillers (codeine, morphine, etc.)
  • Antibiotics

The typical elements prosecutors use to prove the occurred are that the intoxicated individual drove the vehicle, and that they were in any way intoxicated or inebriated while doing so, impacting their ability to drive safely. While alcohol is the most common cause for driving under the influence, stronger medicines, such as pain killers, sleeping pills, or even allergy or strong pain medications can all have a significant impact on your ability to drive safely.

Many of these medications that could potentially result in lessened reaction times, drowsiness, or general impairment come with warnings saying you should not drive or operate machinery while taking these drugs. There’s a good reason for this: prescription drugs can have an extremely heavy impact on a person, including showing signs similar to that of alcohol or illegal drug intoxication. Increased reaction times, lack of awareness for surroundings, and even a general loss of some control over muscles are all potential side effects, which means that someone on one of these medications could pose a serious risk to themselves and those around them.

DUID Sobriety Field Tests

While breathalyzer tests have enabled law enforcement to obtain fairly accurate blood alcohol content readings in mere moments, drugged driving is much harder to test for. Most often, officers are forced to take you to a location where they can draw blood to run a chemical test and determine if any potentially-inebriating substances are present. This can lead to a number of discrepancies or mistakes which can place the integrity of the evidence into question.

A breathalyzer does not work for driving under the influence of drugs, so if an officer suspects that you are intoxicated while driving, they can arrest you and order you to take a blood or urine test, which you are required to submit to under our state’s “implied consent” law. If you cannot take a blood test for any reason (such as anemia), you are allowed to inform the officer of your condition but you will still be required to take the urine test. Your refusal to take this test could be submitted as evidence against you, as well as lead to an added license suspension.

Experienced Kansas City, Kansas Drug DUI Legal Counsel

If you have been arrested for DUI, it’s important that you seek assistance from a Kansas City DUI attorney. When you call SRC Law Group, LLC, we can put more than 25 years of experience on your side, including more than 50 jury trials and hundreds of bench trials in all court levels, we have the ability to help you combat your charges effectively and the aggressive strategy that can help you pursue the best possible outcome to your case. Our attorneys have been recognized for their excellence, including obtaining numerous accolades such as a perfect 10.0 Superb rating from Avvo, and being selected to Kansas Super Lawyers.

If you are facing charges for driving under the influence of drugs, don’t hesitate! Contact SRC Law Group, LLC online now to begin assembling your defense.

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