Experienced Olathe Drunk Driving Defense Attorneys
At the law firm of Jeremiah L. Johnson, LLC, our DUI and DWI attorneys handle misdemeanor and felony drunk driving cases for drivers who have been arrested throughout Johnson County and the surrounding communities of Kansas, as well as Johnson County, Kansas. The sentences for driving under the influence in Johnson County are some of the harshest in the nation and may include jail time, driver's license suspension, probation and hefty fines.
we have handled hundreds of DUI and DWI defense cases in Johnson County and elsewhere in Kansas. In each case, we go through every option to ensure that client rights are protected and that our client will get the best defense possible from our firm. If you have been arrested for a DUI, contact us today toll free at 866-656-1268 for a no-cost consultation in our office.
Representation You Deserve From Johnson County, Kansas, DUI Attorneys
First and foremost, our firm will treat you with respect. We return phone calls promptly, keep you informed and readily answer any questions that you may have about your case. We understand that the stress of being charged with a serious crime is often high, but that being charged is not the same as being convicted. Our attorneys will interpret tests, evaluate police reports and work hard to challenge every aspect of your case.
Learn more about issues often involved in DWI and DUI cases, including:
The laws in Johnson County, Kansas, call for a jail sentence for every driving under the influence conviction. This even includes first-time offenders who have clean criminal and driving records. In some cases, it may be possible to arrange a diversion agreement that will serve to "dismiss" the drunk driving charge from a criminal record.
DUI Commission Recommendations
The Kansas Legislature recently created a "DUI commission" to recommend an overhaul of Kansas' DUI laws. The recommendations were mostly expected by our law firm's Johnson County DUI lawyers and will be voted upon in the next session before they become law. The recommendations are extremely punitive. The DUI panel's recommendations included:
- The crime of chemical test refusal would be created as a strict liability crime. This law would make it a criminal act to refuse a blood, breath (such as the Intoxilyzer 8000) or urine test. The criminal penalties would be in addition to the administrative penalties where a driver's license can currently be suspended due to a DUI. In addition, a refusal would serve as a sentence enhancement on misdemeanor DUI convictions, requiring that the driver serve 90 days before probation was granted. Finally, a refusal would result in the lifetime disqualification of a commercial driver's license (CDL), even if the driver was not driving a commercial vehicle at the time he or she refused.
- There would be a $50 fee to request an administrative hearing for a proposed driver's license suspension on a DUI case. Kansas law does not currently have a fee to request an administrative hearing, which is needed to ensure that a person's license is not suspended without due process. This provision is horrible no matter how you look at it.
- A first lifetime driving under the influence conviction would be a class A misdemeanor (it is currently a class B), and the minimum fine would double to $1000. The minimum sentence would go from 30 days to 90 days in jail. If the person refused a breath test, the minimum sentence would be 90 days in jail!
- A second lifetime driving under the influence conviction would see its fine moved from the $1000 minimum to a $2500 minimum!
- Third and higher lifetime DUI convictions are level 7 nonperson felonies, subject to the Kansas sentencing grid. This is a huge change because felony DUI convictions are currently off grid felonies. The practical effect is that Kansas prisons are likely to be inundated with DUI convicts who are currently only sentenced to County jails.
- The use of saliva PBTs would be authorized by the legislature. Preliminary breath tests in Kansas are currently only done on breath and are subject to wild inaccuracies.
- A breath test refusal would be added to the list of offenses (such as driving while suspended, driving without insurance, DUI, etc.) that count towards the habitual violator statute. This is important because that statute mandates a three-year driver's license suspension for anyone convicted of three or more of those crimes within a five-year period. That period is then often followed by an SR-22 requirement which adds complexity and cost to driving.
- The crime of ignition interlock circumvention would be created. This would cover any driver who was convicted of bypassing an ignition interlock.
- The time allowed for a valid breath would be amended to three hours rather than the current two hours. This provision is horrible because it will affect drivers who drink after they were driving.
- A 24-month post-release supervision (by the Kansas Department of Corrections) would be added for drivers convicted of felony driving under the influence.
- The use of a "motorized bicycle" would be authorized for certain drivers convicted of driving under the influence who have their regular driver's licenses suspended.
- An ignition interlock restricted hardship driver's license would be possible after 45 days of a one-year driver's license suspension for a breath, blood or urine test failure, or blood, breath or urine refusal. The restriction would allow driving to school, work, court and treatment. This is by far the best part of the commission's recommendations because driver's license suspensions simply put people out of work and drastically affect their families.
Contact Jeremiah L. Johnson, LLC, for a No-Cost Initial Consultation
For more information about our experienced defense for DUI and DWI charges, contact the law offices of Jeremiah L. Johnson, LLC. Schedule a no-cost, no-risk initial consultation by calling us toll free at 866-656-1268 or by sending us an e-mail.