DUI / Drunk Driving

Experienced Kansas City, Kansas, DUI Lawyer

Prosecution of drunk driving is notably tougher in Kansas these days. The state now has a lifetime look-back provision, which means that you could face enhanced penalties because of a DUI conviction that occurred 20 or 30 years ago. Vigorous representation by a skilled criminal defense lawyer is critical to prevent the worst criminal and civil sanctions.

Free Consultation: 913-281-6601 • Evening/Weekend: 816-516-8000

We understand that DUI arrests typically occur after business hours. Attorney Gary D. Stone is accessible by cell phone in your time of need. Located in Kansas City, Kansas, the Stone Law Office represents clients throughout the metro area (Wyandotte, Johnson, Leavenworth, and Douglas counties).

Why You Need a DUI Attorney IMMEDIATELY

A charge of driving under the influence of alcohol or drugs affects you in two ways: (a) criminal charges that could result in jail time, and (b) your right to drive. We protect your rights in court and fight to maintain your driving privileges.

• In Kansas, you must request a driver's license hearing within 10 days of your arrest. Failure to do so will result in automatic suspension or revocation of your driving privileges. If you miss this deadline, there is little your attorney can do. We always request a hearing — if the jury or judge finds you not guilty or the prosecutor drops or reduces the charges against you, it may be possible to keep your license
• Do not make any statements to police during a DUI stop. Most people, when asked if they have been drinking, respond by telling the officer, “I’ve had two beers,” or “I’ve only had a couple.” By making an incriminating statement during a stop, you might be giving the officer a reason to test you for DUI. If the officer asks if you have been drinking, simply say “no.” The officer will then, before testing you for DUI, be put to the test to establish probable cause to believe you are impaired. The court may exclude the results of an illegal traffic stop or improperly administered test. If you are arrested and charged with DUI, call the Stone Law Office immediately.

Drunk Driving Repercussions in Kansas

Most DUIs happen to ordinary people who made a mistake by getting behind the wheel. Keeping clients out of jail is always Mr. Stone’s primary concern.

• On a first offense DUI (DWI), depending on your BAC level, you probably can avoid jail through a diversion program. Your license may be suspended for 30 days to one year.
• On a second DUI, sentencing guidelines may provide for maximum jail time of one year, but the Stone Law Office may be able to negotiate alcohol treatment, house arrest, or probation instead of jail time.
• A third or subsequent DUI is a felony, punishable by up to a year in the county jail. Mr. Stone will effectively argue for less time and try to keep you out of jail.
• Refusal to submit to a breathalyzer results in automatic and irrevocable suspension of your license for one year (first offense), regardless of the outcome of your DUI case.

Summary of the New Kansas DUI Statutes:

The following summary is a simplistic overview of the changes made in 2011 to the DUI statute(s).

DUI in a Commercial Vehicle: KSA 8-2,144:

Commercial vehicle DUI, KSA 8-2,144, has been changed to more closely reflect DUI as defined by KSA 8-1567, except that the blood or breath alcohol concentration (BAC) for a violation of 8-2,144 remains .04. The statute now allows a commercial DUI to be counted as a prior conviction for purposes of 8-1567 and clarifies that a conviction of 8-2,144 disqualifies a defendant from operation of a commercial vehicle for at least one year. A significant difference between 8-2,144 and 8-1567 is that commercial DUI continues to have unrestricted lifetime look back for prior convictions.

DUI - KSA 8-1567:

• A per se DUI violation is now defined as a BAC of .08 or more within THREE hours of operation or attempted operation of a vehicle.
• Lifetime look back is now limited to convictions beginning July 1, 2001, so only those convictions beginning July 1, 2001, may be used to charge a second, third, or fourth and subsequent DUI offense.
• The confinement provisions of a DUI second offense now require 120 hours confinement, which requires an offender on work release to actually spend 120 hours confined either in jail or house arrest.
• Third offenses can now either be a misdemeanor or felony depending on when the prior DUI convictions occurred. If an offender has two prior DUI convictions, but no prior DUI convictions in the previous 10 years this violation would be a misdemeanor.  If there is any DUI conviction in the previous 10 years, a third violation would be a non-grid, nonperson felony.
• Fourth and subsequent offenders are now eligible for house arrest after 72 hours. Post-release supervision has been eliminated, although a 12-month supervision period continues to be required, but will be supervised by court services or community corrections rather than parole.
• Fines for DUI first, second, and third offenses have increased $250 for creation of a community correction supervision fund.
• Community corrections is authorized to accept supervision assignment of DUI convictions for third or fourth and subsequent offenses, including third-offense misdemeanor convictions.
• While many repeat offenders may now be prosecuted for DUI, first offense, diversion is allowed only once during a person's lifetime.

Alcohol and Drug Evaluations — Elimination of ADSAP: KSA 8-1008:

The Alcohol and Drug Safety Action Program (ADSAP) system of providers approved by the court has been eliminated in favor of licensure of DUI-specialty providers by the Secretary of Social and Rehabilitation Services (SRS) or the Behavioral Sciences Regulatory Board, depending on the type of provider.  Current ADSAP providers are `grandfathered' into the new system until July 1, 2012, at which time they must be licensed.  The $150 ADSAP fee has been eliminated as part of court costs Providers will now collect their fees, not to exceed $150, at the time of service.

Administrative Sanctions - KSA 8-1014:

Administrative driver's license sanctions have been modified.  First offenders with a test
failure less than .15 BAC are required to obtain an ignition interlock for six months following a 30-day suspension.  The driver's license administrative sanctions for test refusals and test failures over 0.15 BAC are now identical.  Drivers suspended for a DUI violation may apply to the Division of Vehicles for a restricted license after 45 days to operate a vehicle with an ignition interlock device installed in their vehicle. The restricted driving privileges allow limited driving such as to-and-from work or school.

Permanent revocation of a driver's privileges for DUI violations has been eliminated.  The provisions of the administrative penalties were made retroactive, which allows any driver previously suspended for a DUI violation to apply for a restricted license beginning July 1, 2011.

It should be noted that the provisions enacted by the 2011 legislature mirror the Commission's recommended administrative sanctions with two exceptions: the Commission did not recommend an ignition interlock requirement for first offenders with a BAC less than .15, and the Commission recommended retaining permanent revocation for the fifth DUI violation.

Other Miscellaneous Changes

• The collection of urine for a chemical test is no longer required by a person of the same sex if the person collecting the sample is a health care professional.
• DUI filings are required to be reported by all courts, including municipal courts, by July 1, 2012.
• All reporting by courts, including municipal courts, must be transmitted electronically by July 1, 2012. 

Criminalization of a Chemical Test Refusal:

Although the legislature did not enact criminalization of a chemical test refusal, it did not alter the recommended administrative driver's license sanctions. As a result, the penalties for chemical test refusal and chemical test failure with a .15 BAC or greater are identical.

Consequently, there is no incentive for any driver to submit to chemical testing, which may result in an increase in the number of DUI chemical test refusals.

Circumvention of an Ignition Interlock Device - KSA 8-1017:

The administrative driver's license sanction for circumventing an ignition interlock device, including operating a vehicle without an ignition interlock when one is required, has been reduced.

Previously, a violation resulted in a two-year suspension of the offender's driving privileges. The new sanction for a first offense is a 90-day extension of the restriction
period. A second offense restarts the original period of restriction imposed for the original violation.

Preliminary Screening Tests: KSA 8-1012:

Preliminary tests of saliva are now included in the preliminary screening tests that may be requested by an officer conducting an impaired driving investigation. The Kansas Bureau of Investigation (KBI) is required to adopt rules and regulations by July 1, 2012, to approve preliminary saliva screening tests.

Expungement: KSA 21-4619:

Convictions for DUI (8-1567), including municipal DUI convictions, may be expunged 10 years after satisfying the terms of diversion or satisfying the terms of the sentence, including probation. Commercial DUI (8-2,144) convictions cannot be expunged.

Notice of Driver's License Suspension

Fighting Your DUI

Gary D. Stone is a former Wyandotte County, Kansas, prosecutor who has worked on both sides of DUI cases for the past 12 years. He investigates every aspect of your case for opportunities to build your defense. He will examine whether the officer had probable cause to stop you, remove you from the vehicle, administer tests, and take you into custody. He will examine whether Intoxilyzer results are scientifically and legally sound, and will obtain video evidence from the dash-mounted camera to see if the police administered the tests properly. If the tape is not preserved, the officer's testimony may be inadmissible in court

Contact the Stone Law Office Immediately

Too much is at stake to trust your defense to just anyone. Contact a proven DUI defense lawyer who is committed to obtaining the most favorable result for you. For a free consultation, contact Mr. Stone at 913-281-6601, or at 816-516-8000 after hours.

Kansas City, Kansas, Metro Area • Major Credit Cards Accepted