DUI Defense

Overland Park, Kansas DUI Defense

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 driver's 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 defense attorney, you have the chance to prevail at your trial and avoid a conviction entirely. It is no surprise, then, that your choice of defense counsel is an important one.

Extensively Trained by Law Enforcement to Serve You

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 recognized 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 area.

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 Kansas Court of Appeals. To discuss your case with an experienced attorney, contact Stolte Law, LLC today.  

 

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Awards & PROFESSIONAL AFFILIATIONS

  • National Trial Lawyers
  • Top 40
  • Premier DUI
  • NCDD
  • AVVO CC 2018
  • AVVO CC 2019
  • CD Kansas City
  • Lawyers of Distinction 2018

Adam D. Stolte fOUNDING ATTORNEY

Attorney Stolte will work closely with you to ensure you understand what your charges mean, what potential outcomes you could face, and what your legal options are. Delivering personalized attention and leveraging his intelligence and creativity, he will seek to obtain a nonrestrictive or the least-restrictive result for you.

DUI Charges

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:

  1. When the driver has a blood alcohol concentration (BAC) of .08 or more
  2. When a person has a BAC of .08 or more within three hours of driving
  3. When the driver is incapable of driving due to alcohol consumption
  4. When the driver is incapable of driving due to drug consumption
  5. 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.

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 DUI 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.

Driver's License Suspension

In addition to the penalties described above, you will also face a suspension of your driving privileges upon conviction for DUI. While the criminal case against you is proceeding, the Kansas Department of Revenue will also file a civil case against you in an attempt to suspend your driving privileges. 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.

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.

Chemical Tests

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 Kansas 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.

Common DUI Defenses

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.

Other DUI Charges

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.

  1. Possession of a firearm while intoxicated.
  2. Driver's license & Insurance issues
  3. Possession of controlled substances or paraphernalia
  4. Open Container
  5. Endangering a child
  6. Minor in possession

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.

Why Work With Stolte Law, LLC? See How We Stand Apart

  • Nationally Recognized Defense
    Adam D. Stolte has received honors from the National College for DUI Defense.
  • Personalized Solutions
    No two cases are exactly alike. We’ll use our detailed legal knowledge to highlight the strengths of your case.
  • Professional Care
    Fighting along side you every step of the way to protect the things that mean the most to you.
  • Premium Counsel
    Avoid common mistakes by positioning yourself for the best possible outcome with timely advice regarding the specifics of your case.

Let's Get Started On Your Defense Schedule a Consultation Today

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