Johnson County DUI Attorneys

Defending Your Rights after You’ve Been Pulled Over in Kansas or Missouri

Every year, more and more people are charged with the crime of DUI. As a result, the legislatures in Kansas and Missouri are constantly providing for enhanced penalties and increased fines if you are found guilty. In addition to mandatory jail time and steep fines, being convicted of DUI can have disastrous effects on your current or future employment opportunities.

If you or a loved one is charged with DUI, it is important that you hire experienced Johnson County DUI defense lawyers who have the knowledge and experience to challenge the State's evidence at each stage of the prosecution. At Duma Law Offices, we stay up-to-date on the most recent trends in DUI law so that we can provide our clients with the focused legal representation they deserve.

How to Avoid a DUI Stop

Know Your Limits

When it comes to drinking and driving, there are several things you can do beforehand to prevent DUI charges. The most straightforward option is not to drink and drive. With rideshare options growing more and more popular, in addition to cabs or designated drivers, there are numerous ways to avoid driving after drinking. It is also a good idea to understand your own body and what your limits are, and not to drive if you go beyond them.

Be Aware of DUI Checkpoints

Another consideration is knowing where DUI checkpoints are likely to be. The locations of these roadblocks are announced to the public, so you can do your research before you go out in the evenings. Whether you have been drinking or not, if you are planning to drive at night around holidays or near popular drinking spots, you could be held up for hours at these checkpoints. Doing your homework can prevent unnecessary delays.

What to do When Stopped for DUI

Quickly and Safely Pull Over

When you notice you are being stopped by law enforcement, quickly and safely pull your vehicle to the side of the road, if safe to do so. Do not delay pulling over so that you can pull into a parking lot or some other off-road area. This arises suspicion in law enforcement and often makes them uneasy if the location you park your vehicle is not viewable to the public. If the officer wants you to move your vehicle, he or she will request that you do so. Make sure that you don't exhibit any "bad driving" such as swerving or striking the curb when you pull to the side of the road. Any bad driving will be used as evidence against you.

Be Respectful and Cooperative, for the most part

It is important that you are respectful of the officer and cooperative with his requests. While you are not required to tell the officer whether you have been drinking if he asks, be aware that police officers are human and if you refuse to answer their simple questions, it will likely arouse suspicion that would justify further investigation of DUI. Do not do anything that would overtly draw suspicion, such as lighting a cigarette, refusing to roll the window down all the way, or making sudden or furtive movements within your vehicle.

Roadside Sobriety Tests

If you are stopped for DUI, whether at a checkpoint or in any other situation, you are likely to be asked to perform roadside sobriety tests of some kind. Always be polite, courteous, and predictable - bear in mind that you are almost certainly being recorded, and how you comport yourself in the moment can lend a great deal to your case down the line should it become necessary. You are not required to perform field sobriety tests, but if you refuse, you should expect to be arrested for DUI. If there is anything that might impact your ability to successfully perform the test (e.g. age, weight, disability, clumsiness, hip, ankle, or joint problems, inner ear problems, outside conditions) let the officer know prior to attempting to submit to the test Regardless of how you perform on the standardized sobriety tests, the officer will likely ask you perform a preliminary breath test. In Kansas, a refusal of a PBT is not a criminal offense, but rather a traffic citation. Refusing a PBT will not affect the status of your license. PBT's are notoriously inaccurate and subject to operator error. However, refusal of a PBT can serve as evidence that allows an officer to effect an arrest.

Intoxilyzer Breath Tests

Roadside breath tests, particularly the older models of the Intoxilyzer, are notorious for providing unreliable readings and being susceptible to user error. Prior to submitting an evidential breath test, one should be aware of the consequences of refusing to submit a breath test versus failing the breath test. In Kansas, if you refuse an evidential breath test, the penalties against your license are substantially greater than if you take the test and fail. However, if you fail the breath test, you may have provided per se evidence that you are guilty of DUI. As it often happens, a license suspension can be equally as devastating to a person’s freedom and employment as a criminal conviction for DUI. If you have refused or failed a breath, blood, or urine test, it is important that you hire attorneys who are experienced in DUI defense to preserve your license and your freedom.

Upon Release

Once you are released, you should memorialize as much as you can remember of the event in writing. Then, call an attorney the next day and schedule a meeting. If you fail or refuse a test in Kansas, you have 14 days to file for a license hearing or you will automatically lose your license.

Contact the firm onlineor call (913) 225-8555 to schedule a free 30-minute consultation today.

Administrative License Hearings

Most people are not aware that a person can be found not guilty of DUI and still lose their privilege to drive. In Kansas, when someone fails or refuses a chemical test of their blood, breath, or urine, that person's driving privileges are subject to suspension regardless of the outcome of the criminal case.

At Duma Law, we understand that losing one's driver’s license can often be just as devastating as a conviction for the crime of DUI. This is especially true if your source of income is dependent upon your ability to drive a vehicle. If you receive a notice of suspension ("DC-27" Form) for failing or refusing a chemical test, it is important that you contact an experienced DUI attorney in Johnson County immediately so that the necessary steps can be taken to save your driving privileges. A driver has 14 days to file a request for hearing or they will automatically have their license suspended.

At Duma law, our lawyers have a wealth of experience in conducting administrative license hearings and have saved the driving privileges of many of our clients over the four decades. Call (913) 225-8555 to discuss your matter.

A Criminal Defense Team that Truly Cares

Why Your Case Is in Good Hands with Us
  • Seasoned Legal Abilities

    For more than 40 years, we have protected and defended the rights of the accused.

  • Not Afraid of Trial

    Duma Law Offices, LLC have won many cases as a result of taking clients' legal matters to court.

  • Looking Out for Your Interests

    Putting our clients in the most favorable position possible is one of our highest priorities.

  • Courtroom Champions

    Our vast trial experience positions our firm as a force to be reckoned with when it comes to defense.

Contact Us Today!

How to Reach Us 913.225.8555 303 E. Poplar Street
Olathe, KS 66061 Map & Directions [+]
Request a Free 30-Minute Consultation
  • Please enter your name.
  • This isn't a valid email address.
    Please enter your email address.
  • This isn't a valid phone number.
    Please enter your phone number.
    You entered an invalid number.
  • Please select an option.
  • Please enter a message.