JOHNSON COUNTY, KANSAS DUI/DWI DEFENSE LAWYER

Each year Kansas puts out a DUI "crackdown" initiative, and this year is no different. That means law enforcement puts additional efforts into catching people they believe are under the influence of drugs or alcohol. This can come in a number of ways:
  • Increased roadside DUI traps (i.e. sobriety checkpoints). You are most likely to be subjected to these, on the Kansas roadways, on the weekends, between the hours of 11pm and 5am, during holidays, after events (ex. Chief's games, music concerts) and during college school breaks (ex. Spring Break);
  • "Saturation Patrols". That means the Kansas police, highway patrol, sheriff, etc. put more manpower into specifically looking for those suspected of DUI. They are placed, in targeted fashion, during peak times (see above); and
  • Field sobriety training. The better trained the officer, in field sobriety testing, the stronger the case is against you. Kansas prosecutors realize that an easy way for a DUI defense attorney to beat your case is poor officer work. For that reason there has been focus put on the quality and quantity of training officers take part in. That way when they issue a one-leg stand, HGN (horizontal gaze nystagmus) test, or walk-and-turn test, they are accurate in their efforts and documentation.
Besides increasing officers' focus on DUI arrests, and improvement to training, the crackdown agenda also means that the State prosecutor (District Attorney) adds focus on aggressive prosecution of DUI cases. In this vain Kansas has changed, for the worse, how you can resolve your case and the possible prison time. A suspected DUI driver is considered a dangerous, and potentially deadly, person. They will treat you accordingly. You will need an attorney to protect your freedom and rights. Call today Attorney T. Morton today for your free consultation (913)602-7288. 

See below for more information about possible DUI penalties and defenses.

KANSAS CITY, KS DUI/DWI DRIVER'S LICENSE PENALTIES

SUPENSION OR REVOCATION OF DRIVING PRIVILEGES - KANSAS
In Johnson County, Kansas and across the state, a blood alcohol content (BAC)  .08%, or more,  is considered driving under the influence (DUI). Minor children and commercial (CDL) drivers will be charged for a less BAC level. This will automatically prompt your driving privileges to be suspended or revoked. How long you are not allowed to drive is dependent upon your BAC and the number of prior DUI charges and/or other driving suspensions. You will receive notice of hearing, related to your driving privileges and must request a hearing to preserve your license. If your BAC is .15% or more you will have harsher penalties automatically. Kansas takes DUI seriously, prosecutes these charges aggressively, and even when you are allowed to drive again you may have restrictions ( an ignition interlock device). The potential penalties for DUI(s), where you agreed to a breathalyzer test, are as follows:
  • Your first DUI - 30 days suspension, 6 months restricted;
  • Your second DUI - 1 year suspension, 1 year restricted;
  • Your third DUI - 1 year suspension, 2 years restricted;
  • Your fourth DUI - 1 year suspension, 3 years restricted;
  • Your fifth+ DUI - 1 year suspension, 10 years restricted.
Remember that installation of the interlock system will be at your cost, and is mandatory on any vehicle you operate. 

If you were driving, at the time of your DUI charges, and your license was revoked or suspended you will be facing additional charges. 

KANSAS CITY, KANSAS DUI/DWI PENALTIES FOR REFUSING BREATHALYZER TESTS

BREATHALYZER REFUSAL - KANSAS DUI DRIVER'S LICENSE PENALTIES
In Overland Park, Kansas and across the nation, driving is a "privileges". As such, this can be taken from you should you refuse to show you are following the rules of the road. In instances of DUI, if you refuse to submit to a breathalyzer, your potential penalties increase, the more times you refuse, as follows: 
  • Your first refusal - 1 year suspension, 2 years restricted;
  • Your second refusal - 1 year suspension, 3 years restricted;
  • Your third refusal - 1 year suspension, 4 years restricted;
  • Your fourth refusal - 1 year suspension, 5 years restricted;
  • Your fifth refusal - 1 year suspension, 10 years restricted. 
You will get notice of this by mail or at the time of your stop. In Kansas, you can dispute this action by way of an administrative hearing. Although administrative hearings are not the same as criminal court hearings but there are some similarities, such as:
  • There may be witnesses called to testify against you;
  • Documentation may be presented against you;
  • Officer body-camera footage may be presented;
  • Office car-camera footage may be presented; and
  • Test results (ex. BAC, breathalyzer, etc.) may be presented.
It is possible that any, or all of, the evidence against you can be refuted. Ultimately the judge will decide if there is cause to suspend or revoke your driving privileges. 

OVERLAND PARK, KANSAS DUI/DWI IMPRISONMENT & MORE PENALTIES

Potential Imprisonment Time
If your DUI was charged after July 1, 2022 the Kansas penalties have meaningfully increased. Here is what you can expect, depending on how many prior charges you have:
  • First DUI (class B nonperson misdemeanor) - up to six months of jail, 100 hours of community service, and one year of supervised probation;
  • Second DUI (class A nonperson misdemeanor) - mandatory minimum of 5 consecutive days up to 1 year imprisonment, post-release supervision, interlock device after 1 year license suspension;
  •  Third DUI (nonperson misdemeanor if priors were 10 years or more ago, a felony if DUI convictions occurred within the last ten years (not including time you were in custody)) - Misdemeanor is a mandatory 90 days  up to 1 year of imprisonment. Felony is a 17 months (1 and one-half years) mandatory minimum and up to 46 months (nearly 4 years) of prison time. You may be also given up to 48 months post-release supervision, interlock device after license suspension (if you are not revoked); and
  • Fourth or more DUI (nonperson felony) - Felony is a 17 months (1 and one-half years) mandatory minimum and up to 46 months (nearly 4 years) of prison time. You may be also given up to 48 months post-release supervision, interlock device after license suspension (if you are not revoked).
Here are some thing that will likely increase the above-mentioned DUI/DWI penalties:
  • Designation as a habitual DUI offender;
  • DUI/DWI accident with bodily injury or death is an automatic felony (between level 5 and 9), and revocation of license;
  • DUI/DWI with child in car (14 years or younger child passenger). You will not be eligible for Diversion and you will have additional mandatory jail time. This will likely prompt a DCF abuse investigation too;
  • Commercial drivers. BAC of .04% or more, disqualification of commercial driving for 1 year on first offense, and lifetime on second offense;
  • DUI while a minor. Anyone under the age of 21 years old with a BAC of .02% or more, and if .08% or over you will have additional penalties;
  • DUI while driving on a suspended or revoked;
  • DUI while on bond, probation or parole;
  • DUI within a school zone;
  • DUI hit-and-run;
Note: The prosecutor cannot negotiate away a valid DUI charge nor can they lessen your mandatory jail time. In fact, even if they tried to the judge could not and would not accept such an agreement. Additionally, Diversion is offered only once in your lifetime. The more charges you have, the less options you have to avoid imprisonment. This may leave you in the position that you must take your case to trial. 
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As you can see above-mentioned (and on the below sentencing grid), even if this is your first DUI, in Kansas, the consequences are serious. Have more questions? Call Attorney T. Morton NOW 913-602-7288. Payment plans are available. 

KANSAS CITY, KANSAS DUI DEFENSES

DEFENSES TO DUI 
The charges of DUI are not the kiss of death. Charges is just another word for allegations. Depending on your exact charges you may have any one of the following defenses available:
  • Not under the influence
  • Not operating a motor vehicle
  • Improper testing
  • Lack of evidence
  • Mistake in fact
  • Addiction, and more.
Tip: If addiction is responsible for your charges, you may have treatment options (instead of incarceration) available to you. This must me negotiated with the Kansas District Attorney. The State will not, and has no requirement to, offer this option on their own. 
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You have no requirement to prove your innocence. The State must show that you are guilty as charged. Don't do their job for them. Hiring Attorney T. Morton  may be the most important decision you make. Call now for your free 20 minute consultation 913.602.7288.  Visa and Mastercard are accepted. Payment plans are available. 
ATTORNEY T. MORTON
​7500 College Blvd., Suite 500
Overland Park, KS 66210 (by appointment only)
Phone: 913.602.7288
Fax: 913.624.3311
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Serving Johnson County District Court, Overland Park Municipal Court, Leawood Municipal Court, Shawnee Municipal Court, Merriam Municipal Court, Lenexa Municipal Court, Mission Municipal Court, Prairie Village Municipal Court, Roeland Park Municipal Court, Olathe Municipal Court, and a host of other courts in Johnson County Kansas.
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