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.
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 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, 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. There is a $50 application fee for all requested in person drivers license hearings.
- Do not make the wrong 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 after having a few too many. What most people don’t know is that jail time is a very good possibility for those charged with and convicted of driving under the influence. Keeping clients out of jail is always Mr. Stone’s first priority.
- On a first offense DUI (DWI), depending on your level of intoxication (BAC level), most people will qualify for a diversion program. A diversion program allows a person to avoid the mandatory minimum penalties associated with a first time DUI. (2 days in jail). Diversion does not automatically keep a person from losing or having their license suspended. A person’s license may be suspended (for a first DUI) between 30 days and one year (depends on BAC level or whether person refused test).
- On a second DUI, a person may be sentenced from 5 days to a maximum jail time of one year. The Stone Law Office may be able to negotiate weekend intervention, alcohol treatment, house arrest, work release or probation in lieu of some of this jail time. See below for drivers license suspension information.
- 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 breathalyzer most often results in automatic suspension of your license for one year (first offense), regardless of the outcome of your DUI case. The Stone Law Office will guide you through this suspension and aid you in attempting to gain a restricted drivers license (ignition interlock required) following an initial 45 or 90 days suspension.
Fighting Your DUI
Gary D. Stone is a former prosecutor who has worked on both sides of DUI matters for the past 20 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 to reach him directly.
Kansas City, Kansas, Metro Area • Major Credit Cards Accepted