Defending Those Who Have Been Charged With A DUI in Kansas
When it comes to a driving under the influence arrest, a fun night out with friends can quickly turn into a nightmare. A DUI charge is a serious matter, and it carries serious consequences. Not only will you face the potential loss of your drivers license and heavy fines, but you could also wind up behind bars. The good news is that simply being arrested for DUI doesn't mean that you will be convicted. With the right Overland Park criminal defense lawyer, you have the chance to prevail at your trial and avoid a conviction entirely. It is no surprise, then, that your choice of legal defense counsel is an important one.
Standardized Field Sobriety Test Practitioner
Attorney Adam D. Stolte has been qualified by NHTSA to conduct the Standardized Field Sobriety Tests. These are the same tests the officer asked you to take on the side of the road, including the Horizontal Gaze Nystagmus Test (Pen test), Walk and Turn, and One Leg Stand. With this training, Stolte Law knows exactly what the officers know - and he knows how they were trained to do it. If the officer made an error while conducting the tests, it could have a major impact on the results, and Stolte Law will find it.
Advanced Roadside Impaired Driving Enforcement Practitioner
Attorney Adam D. Stolte has also been qualified by NHTSA under the 2018 ARIDE training curriculum. This is the exact training course police officers go through to learn how to recognize certain signs and symptoms of drug impairment. The course teaches participants how officers are trained to administer and interpret the Modified Romberg Balance test and the Lack of Convergence test. This relatively new training gives Stolte Law an advantage over other DUI attorneys in the Kansas City area.
Recognized by The National College of DUI Defense
The National College of DUI Defense recently awarded Attorney Adam D. Stolte with one of five national awards for his "creative, thoughtful, intellectual, and ethical" work in DUI defense. NCDD invited Adam to Harvard Law School for the annual conference to receive the honor.
If you are facing a Kansas DUI charge, Stolte Law, LLC may be able to help. Attorney Adam D. Stolte has an extensive track record of fighting DUI cases in court, even arguing before the KS Court of Appeals. To discuss your case with an experienced Overland Park DUI attorney, contact Stolte Law, LLC today.
Have you been arrested for a DUI in Kansas City? Call Stolte Law, LLC, today at (913) 270-0497 or contact us online to schedule a consultation with our DUI lawyer in Overland Park.
Kansas DUI Laws
Generally speaking, Kansas law outlaws driving while intoxicated by drugs or alcohol. But the Kansas statute is more specific than that. There are five different circumstances that rise to the level of DUI when driving in Kansas:
- When the driver has a blood alcohol concentration (BAC) of .08 or more
- When a person has a BAC of .08 or more within three hours of driving
- When the driver is incapable of driving due to alcohol consumption
- When the driver is incapable of driving due to drug consumption
- When the driver is incapable of driving due to a combination of drug and alcohol consumption
If you meet one of the five conditions mentioned above, you can be convicted of a Kansas DUI.
Kansas Implied Consent Law
If you are pulled over, and the officer suspects you of driving while intoxicated, you will likely be asked to submit to a breath, blood, or urine test to determine your BAC. Under KS law, any person operating a vehicle in the state is deemed to have consented to give a sample upon request. You have the right to refuse the test, but because of the implied consent law, you will likely face additional charges.
DUI Penalties in Kansas
The potential penalties for a DUI conviction in Kansas can be severe, even for first-time offenders. The sentence you may face for a DUI will vary depending on the number of previous DUI convictions – with enough prior convictions, you could spend decades behind bars. The potential jail time and fines can vary significantly, but every conviction has the possibility of additional costs like court costs, probation fees, drug and alcohol evaluation fees, license renewal fees, and classes on drunk driving.
Comprehensive Legal Support for DUI Arrests
Each DUI arrest results in two cases: criminal and administrative. In a criminal case, the prosecution is seeking to prove that you are guilty of the crime of driving under the influence. If found guilty, you will be convicted and receive criminal sentencing. The administrative case, on the other hand, is handled by the Kansas Department of Revenue Division of Vehicles, which has the authority to suspend your license.
Potential consequences following a DUI arrest in Kansas include:
- Criminal DUI charges – A conviction for DUI will result in spending between 48 hours to one year in jail. The fine range for DUI is $750 to $2500. Other penalties include court costs and fees, probation monitoring fees, drug & alcohol evaluations, urinalysis testing, and drunk driving classes.
- Driver’s license hearings – Your ability to drive is also at risk because of a DUI arrest. If you do not act within 14 days of the arrest, your license will be automatically suspended. To protect your license, you must request an administrative hearing with the Kansas Department of Revenue. An experienced DUI defense attorney can give you a fighting chance to leave the administrative hearing with the license intact.
You have to be proactive in both types of DUI cases for the best outcome possible. Trust our firm to keep you out of jail and on the road.
Will My Driver's License Be Suspended After a DUI?
As mentioned above, you will also face a suspension of your driving privileges upon conviction for DUI. The potential suspensions vary depending on your blood alcohol concentration (BAC) at the time you were arrested, as well as if you have previously been convicted of DUI.
How Long Will My License Be Suspended?
For a first-time DUI conviction, your license will be suspended for 30 days. Once the suspension is up, you will be required to install an ignition interlock device for the six months following your suspension. This suspension is even steeper if your BAC was .15 or above. With each conviction, the length of the suspension and restricted license period grows. The maximum suspension, which occurs on fifth and subsequent convictions, is for one year, with a 10-year interlock device requirement after the suspension is lifted.
Additional Offenses When Charged With a DUI
During a DUI stop, officers may find probable cause to charge you with additional offenses. As with the original DUI charge, these additional offenses must meet constitutional muster. Many times, errors made while conducting the DUI stop will impact the other charges.
- Possession of a firearm while intoxicated.
- Driver's license & Insurance issues
- Possession of controlled substances or paraphernalia
- Open Container
- Endangering a child
- Minor in possession
Common DUI Defense
While being arrested for a DUI can certainly be distressing, it does not necessarily mean you will be convicted. There are several strategies that may be employed to defend the charges against you. When it comes to defending a DUI case, most successful defenses can be classified into one of two types:
- Challenges to the Stop - The police can't stop you any time they like. If you were pulled over illegally, any evidence collected during your traffic stop can't be used against you.
- Challenges to the Test - Even if the traffic stop was legal, the chemical tests used against you may be thrown out as evidence if the sample was mishandled or if the testing was not done properly.
Preparing a successful case against DUI charges begins with conducting a careful investigation of your case. Attorney Stolte is adept at finding nuances of DUI cases that can be used to get his clients’ charges dropped. When you work with Stolte Law, LLC, you can be confident that everything that can be done to fight your charges is being done.
Contact Our Overland Park DUI Attorney Today
If you're facing DUI charges, it's important to have an experienced criminal defense lawyer on your side who will protect your rights and work towards the best possible outcome for your case. Our Overland Park criminal defense lawyers are here to help you navigate the complexities of the criminal justice system and defend your rights. Contact us today to request a consultation and learn more about how Stolte Law, LLC, can help you with your DUI case.
Contact Stolte Law, LLC, today to get started on your defense with our Overland Park DUI lawyer.
Anyone who has ever appropriately used alcohol or prescription drugs is at risk of being falsely accused of DUI.
Ready for Trial, DUI Dismissed
"Judge, we are ready for jury trial." That can be a frightening phrase for my clients. But, it also holds the prosecutor's feet to the fire. In this case, it forced them to dismiss the DUI charges against my client.
Motion To Suppress, DUI Dismissed
“Somebody may beat me, but they are going to have to bleed to do it.” - Prefontaine. We love this quote. Make the prosecutor work in one case, and they'll be more agreeable to a favorable disposition in another. This is why Stolte Law has an extensive pretrial motions practice.
Double Murder Conviction
Finding the actions to be more than mere error and extremely prejudicial to the defendant, the Kansas Supreme Court reversed two murder convictions and remanded the case for a new trial.
Domestic Violence Case Dismissed
At the end of the day, we were able to help our client’s wife avoid charges and get the case against Mr. S dismissed.
Battery on Police Officer
Because the State could not prove that the instructions were harmless beyond a reasonable doubt, the charges were reversed.
Nationally Recognized DefenseAdam D. Stolte has received honors from the National College for DUI Defense.
Personalized SolutionsNo two cases are exactly alike. We’ll use our detailed legal knowledge to highlight the strengths of your case.
Professional CareFighting along side you every step of the way to protect the things that mean the most to you.
Premium CounselAvoid common mistakes by positioning yourself for the best possible outcome with timely advice regarding the specifics of your case.