2nd DUI Lawyer in Overland Park
Steps to Take After a Second DUI Arrest
If you have been charged with a 2nd DUI, you are probably worried and trying to find the right attorney for you. With Stolte Law, LLC, you can find the support and assistance you need to successfully navigate the criminal justice system. Your first step to take following a 2nd DUI in Overland Park is to contact our firm for a free consultation. During this initial meeting, we can help you understand your rights and options. From there, we can help you request an administrative hearing with the Department of Revenue. This action must be taken within 14 days of your arrest to prevent the automatic suspension of your license. When it comes time for the hearing, we can represent you to prevent driver’s license suspension.
Next, our Overland Park 2nd DUI attorney can perform a thorough investigation of the circumstances of your arrest to uncover anything that can be used to support your case. Based on the evidence we find; we can negotiate with the prosecution to reduce your charges or dismiss your case. Should the need for a trial arise, we can present a compelling case on your behalf before a judge. Stolte Law, LLC has a proven track record of success and is dedicated to helping you achieve a favorable outcome.
What Are the Penalties a 2nd DUI?
A second DUI is a class A nonperson misdemeanor. The sentence ranges from 90 days up to one year in jail and a fine between $1,250 and $1,750.
If the judge orders you to serve probation, you must serve at least 120 hours of confinement. The hours of confinement will include at least 48 hours of imprisonment and otherwise may be served by a combination of: Imprisonment; a work release program, if such work release program requires such person to return to the confinement at the end of each day in the work release program, or house arrest.
If you were arrested for a second DUI, the Kansas Department of Revenue will begin proceedings to suspend your license. If they are successful, the length of suspension and length of license restriction depends on whether you refused testing and, if not, your BAC level.
The term lengths for 2nd DUI driver’s license suspension include:
- Test refusal: 1-year suspension followed by 3 years of driving with an ignition interlock device.
- BAC over .08: 1-year suspension followed by 1 year of driving with an ignition interlock device.
- BAC over .15: 1-year suspension followed by 2 years of driving with an ignition interlock device.
How do I Challenge Prior DUIS?
In Kansas, penalties for DUI are determined based on the number of previous DUI convictions. The more convictions a person has, the higher the penalties. In certain circumstances, prior DUIs should not be taken into account, which would result in smaller fines and less jail time. Attorney Stolte can identify if your case could qualify for a reduction of charges based on prior DUIs not being relevant to your case.
If you, or someone you love, has been arrested for 2nd DUI, contact Stolte Law, LLC at (913) 270-0497 today.