Defend Against DUI/Drunk Driving Charges
Prosecution of drunk driving is notably tougher in Kansas these days. Vigorous representation by a skilled criminal defense lawyer is critical to prevent the worst criminal and civil sanctions.
Attorney Gary D. Stone understands that driving under the influence (DUI) arrests typically occur after business hours. He is accessible by cellphone in your time of need. Located in Kansas City, Kansas, the Stone Law Office provides representation to clients throughout the metro area, including in Wyandotte, Johnson, Leavenworth and Douglas counties.
Why You Need A DUI Attorney Immediately
Driving under the influence of alcohol or drugs is a criminal charge that could result in jail time and the loss of your right to drive. Mr. Stone will protect your rights in court and fight to maintain your driving privileges.
Try not to make “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 that 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.
In Kansas, you must request a driver’s license hearing within 14 days of your arrest. Failure to do so will result in automatic suspension or revocation of your driving privileges. If you miss this deadline, then there is little your attorney can do. Mr. Stone always request a hearing, and if the jury or judge finds you not guilty or the prosecutor drops or reduces the charges against you, then it may be possible to keep your license.
Drunk Driving Repercussions In Kansas
Most DUI offenses happen to ordinary people who made a mistake by getting behind the wheel after having a few too many alcoholic drinks. What most people do not know is that jail time is a very good possibility for those charged with and convicted of DUI.
Here are some important repercussions to keep in mind:
- On a first-offense DUI, depending on your level of intoxication, or blood alcohol content (BAC) level, most people will qualify for a diversion program. A diversion program allows a person to avoid the mandatory minimum penalties – two days in jail – associated with a first-time DUI. Diversion does not automatically keep a person from losing their license or having it suspended. For a first DUI, a person’s license may be suspended for between 30 days and one year – depending on their BAC level or whether they refused to test.
- On a second DUI, a person may be sentenced from five days to a maximum jail time of one year. Attorney Stone may be able to negotiate weekend intervention, alcohol treatment, house arrest, work release or probation in lieu of some of this jail time. Read more about driver’s license suspension information here.
- A third or subsequent DUI can be a felony depending on the dates of your prior offenses. Such an offense is punishable by up to a year in the county jail. While there is a mandatory 90 days in jail for all offenders found guilty of a third or subsequent DUI, Mr. Stone will argue for as little actual jail time as is possible. Programs are available that can be substituted for at least a portion of any mandatory minimum jail sentence.
- Refusal to submit to a breath test most often results in automatic suspension of your license for one year (first offense), regardless of the outcome of your DUI case. Mr. Stone will guide you through this suspension and aid you in attempting to gain a restricted driver’s license (ignition interlock required) following an initial 45- or 90-day suspension.
Keeping clients out of jail is always Mr. Stone’s first priority.
Fighting Your DUI
Attorney Stone is a former prosecutor who has worked on both sides of DUI matters for the past 25 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 determine whether breath test results were scientifically and legally sound and 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 to reach him directly.