Overland Park DUI Lawyer | Johnson County Drunk Driving Attorney | Driving Under the Influence

DUI Attorney in Overland Park, Kansas

Professional and Aggressive Representation in Drunk Driving Cases

If you have been arrested for or charged with DUI in Overland Park, you want a lawyer with extensive knowledge of the drunk driving laws in Overland Park and Kansas. You want an attorney who has experience with DUI trials, pleas, and diversions in Overland Park Municipal Court. You need an attorney who understands how to interpret and challenge breathalyzer results, and who can effectively represent you at a drivers license suspension or drivers license revocation proceeding.

At the Law Offices of Jeremiah Johnson, LLC, we represent men and women throughout Johnson County in all matters related to or arising out of an arrest for or charge of drinking and driving. Contact us to schedule a free initial consultation.

The Kansas DUI Laws

The Kansas DUI statutes are some of the toughest in the entire country with license suspensions and jail time required for every DUI conviction in Kansas. If you are charged with a DUI in Kansas, you face:

1. Jail time - A first time conviction is punishable by up to 6 months in the county jail and subsequent offenses are punishable by up to 1 year.

Recent News

(Results involve unique clients with unique circumstances and should not be construed as a promise of similar results in your case)

7/21/08 - Today we successfully defended our client in an administrative hearing resulting from a DUI stop in Johnson County. The issues presented included medical andsituational factors.

5/12/08 - Arguing a Motion to Suppress in Overland Park Municipal Court based on State v.Schmitter and U.S. v. Gonzalez, we secured a not guilty verdict for our client.

5/1/08 -This office secured a win on a first time DUI in Johnson County District Court (magistrate division)

4/23/08 - Another Driver's License Administrative Hearing, another dismissal allowing our client - facing a 3 year license suspension - to keep his license. Today we relied on KSA 8-1002

4/21/08 - Today we successfully argued at sentencing for an advantageous sentence for a felony DUI client who had been charged and pled to a felony DUI and several associated charges. Originally facing over 5 years in prison, we argued for, and the court sentenced him to 12 months with 6 months of work release.

3/1/08 - Today this office won an Administrative Hearing against eh Kansas Department of Revenue Driver's License Bureau.

1/13/08 - Today this office represented a client who entered into a very advantageous plea in Johnson County District Court. Our client was charged with 7 crimes and, if convicted on all charges, could have led to 83 months in custody. The plea deal called for the client to plead guilty to 2 of 7 charges with a 12 month sentence and 6 months of work release.

9/27/07 - At another preliminary hearing in Johnson County District Court, Jeremiah Johnson successfully argued that the State lacked probable cause to proceed on a felony charge. This eliminated between 37 and 42 months of possible prison time facing his client.

9/16/07 - At a preliminary hearing in Johnson County District Court, Jeremiah Johnson argued against the State's case proceeding as filed, suceeding in securing a reduction in the charge. The case remains pending on the lesser charge.

8/30/07 - The Law Offices of Jeremiah Johnson, LLC was able to clear our client of a 2nd time DUI in Johnson County District Court.

6/15/07 - This office secured a dismissal in an administrative hearing for a driver's license suspension stemming from a DUI arrest. While dismissals due to an absent officer occasionally happen, this was a rare dismissal granted after evidence was presented.

5/24/07 - This office secured an acquittal in a DUI trial in Johnson County District Court in case 02TR259 after moving for a judgement of acquittal following the State's case. In doing so, the defense successfully showed that one of the required elements to convict was met only by the defendant's statements which did not meet the minimum burden for the State to make a prima facia case.

4/22/07--Once again we successfully utilized the Kansas Court of Appeals decision in State v. Ross, on a successful motion to suppress on a DUI case in Johnson County. The outcome of the motion to suppress led the state to dismiss all charges against our client.

4/9/07— Upon filing a motion to terminate based on State V. Bennett, our client was released from his probation in Olathe Municipal Court.

3/1/07— Upon successfully taking a traffic ticket to trial, our client's fine was reduced to $0.

2/9/07 Although we were retained only 6 weeks before a trial, the divorce order attorney Johnson obtained for our client was significantly better than the final settlement offer the client rejected.

2. Fines - A first time DUI in Johnson County carries a fine between $500 and $1000, while subsequent fines range up to $2500.

3. Suspension of your drivers license - a first time conviction or Intoxilyzer test failure carries a minimum suspension of 30 days with a 330 day restriction (school, work and a few other items), while refusing to take the Intoxilyzer carries a 1 year suspension. Subsequent breath test failures or refusals can result in a lifetime driver's license revocation.

4. Probation Costs and Hassles - In cases where probation is granted, you will likely be ordered to meet with a probation officer one or more times each month. You may also be required to submit to urinalysis (UA's) and breathalyzers upon demand. You will be ordered by the court to stay out of establishments that serve alcohol. You will also be ordered to complete a "drug and alcohol evaluation" and follow the recommendations which will likely include classes and inpatient or outpatient treatment.

5. Court Costs and Monitoring Fees - In addition to the fines prescribed by the Kansas DUI statutes, you will be responsible for court costs and monitoring fees which can range into hundreds or even thousands of dollars.

6. Social Effects - A Johnson County DUI can affect your job status and eligibility, can subject you to ridicule from family and friends and the penalties may seriously affect your daily life.

At the Law Offices of Jeremiah Johnson, LLC, we recognize that everyone is innocent until proven guilty and that being charged with a DUI is not remotely the same as being convicted of a DUI. While many people accept DUI tests as irrefutable evidence, in actuality Breathalyzers and field side sobriety tests (FST's) can be highly inaccurate under certain conditions. We believe that the FST's and Breathalyzers used are some of the most inaccurate and unreliable methods of gathering evidence in all of law enforcement. As a result, we believe in exploring every angle relating to the FST's and Breathalyzer results when evaluating your case to ensure that your rights are protected.

In most Johnson County DUI cases, you only have 10 days from your arrest to request a hearing to determine if your license will be suspended, and if so, for how long. Suspensions range from as short as 30 days (with a 330 day suspension) to lifetime suspensions with no eligibility for reinstatement. Thus, it is highly suggested that you retain an experienced Johnson County, Kansas DUI attorney immediately to protect your rights and driving privileges.

The Kansas DUI Process

Kansas Driving Under the Influence charges/arrests involve two distinct and separate aspects:

(1) the criminal proceedings, which are resolved in the municipal or district court where the case is charged and can result in fines and/or jail time; and

(2) the administrative proceedings, which can result in the suspension of your driving privileges. It is extremely important to pay attention to both the criminal court case and the administrative driver's license case, as the deadlines, rules, procedures and burdens of proof are entirely different and usually unrelated. At the administrative level, the Kansas Department of Revenue seeks to take your license from you. They do not care if you have no other means to get to work and they do not care if your family will be affected by the loss of your license.

How Long Will Your License Be Suspended?

The term of driver's license suspension that you face depends upon several factors: (1)whether you failed the chemical test or whether you refused to submit to it; (2)whether this is your first or subsequent test failure or refusal; and (3)whether you are over or under 21 years of age. The length of the suspension ranges from 30 days to permanent revocation of driving privileges, please call us for more information about your specific case. People charged with a Kansas DUI are entitled to an administrative hearing with the Kansas Department of Revenue where the driver or their Kansas DUI lawyer can challenge the grounds upon which your license is suspended.

If you or your Kansas DUI attorney requests an administrative hearing in a timely manner, your driving privileges cannot be suspended until a decision has been made by the hearing officer. In other words, the validity of your temporary driving privileges is extended until after the hearing which is frequently scheduled months after the request.

In Johnson County, DUI Administrative Hearings are usually scheduled at least 3 months after the Kansas DUI arrest. Prior to the hearing, you can subpoena certain documents and witnesses who may have information about your case.

The Administrative Hearing

The difficult part of the Department of Revenue administrative hearing is that the burden of proof is shifted- instead of the state having to prove that you are guilty and your license should be uspended, you have to the burden of proving that your license should not be taken from you.

At the Kansas DUI administrative hearing, a number of issues can be raised in your defense, depending on the facts of your case. These issues include:
(1)whether or not the officer had reasonable grounds to believe that you were operating or attempting to operate a vehicle while under the influence of alcohol or drugs;
(2)whether you were given the legally required notices before being asked to submit to testing;
(3)whether your actions constituted a legal refusal to take the test;
(4)whether the testing equipment and the officer operating the machine were certified by the Kansas Department of Health and Environment (KDHE);
(5)whether there were other due process or constitutional issues.

If you are successful at the hearing, or if the officer fails to appear without requesting a continuance of the hearing in writing, your license may not be administratively suspended at all. However, you or your Kansas DUI attorney must send a letter requesting an administrative hearing to the Kansas Department of Revenue within 10 calendar days of the day you received the DUI or your driving privileges will automatically be suspended, period. Thus, it is critical that you quickly retain a well-qualified Kansas DUI defense lawyer as soon as possible after the arrest.

Possible Suspensions from a Johnson County DUI include:

TEST FAILURE

1st time Intoxilyzer 5000/8000 test failure between .08 and .149: Driving privileges are suspended for 30 days and restricted to driving to and from work, during the course of employment, and to school for 330 days. The reinstatement fee is $100.00.

1st time Intoxilyzer 5000/8000 test failure above .150: Driving privileges are suspended for one year followed by one year of restriction to only driving a vehicle equipped with an ignition interlock device.

2nd and 3rd test failures between .08 and .149: Driving privileges are suspended for one year followed by one year of restriction to driving only a motor vehicle equipped with an ignition interlock device. The reinstatement fee is $200.00.

2nd test failure of .150 or higher: Driving privileges are suspended for one year followed by 2 years of ignition interlock.

3rd test failure of .150 or higher: Driving privileges are suspended for one year followed by 3 years of ignition interlock.

4th test failure of .08 and .149: Driving privileges are suspended for one year followed by one year of restriction to driving only a motor vehicle equipped with an ignition interlock device. The reinstatement fee is $300.00.

4th test failure of .150 or higher: Driving privileges are suspended for one year followed by 4 years of ignition interlock.

5th test failure: Permanent revocation. The license is suspended for the rest of the person's lifetime and there is no provision currently provided in the law for reinstatement.

TEST REFUSAL

1st Time Refusal: Driving privileges are suspended for one year. The reinstatement fee is $400.00.

2nd Time Refusal: Driving privileges are suspended for two years. The reinstatement fee is $600.00.

3rd Time Refusal: Driving privileges are suspended for three years. The reinstatement fee is $800.00

4th Time Refusal: Driving privileges are suspended for ten years. The reinstatement fee is $1,000.00

5th Time Refusal: Driving privileges are suspended FOREVER. The license is suspended for the rest of the person's lifetime and there is no provision currently provided in the law for reinstatement.

For experienced and aggressive representation in the defense of a DUI charge in Olathe, contact my offices to schedule a free initial consultation. My offices are open from 7 am until 6 pm, Monday through Friday and evening and weekend hours are available by appointment. I accept Visa, MasterCard, Discover and American Express.

The Law Offices of Jeremiah Johnson, LLC
04 E. Poplar
Olathe, KS 66061
Phone:(866) 656-1268
Fax: (913) 764-5012

At the Law Offices of Jeremiah Johnson, LLC, in Olathe, we represent individuals throughout Johnson County and northeast Kansas, including Overland Park, Shawnee, Merriam, Prairie Village, Leewood, Mission, Mission Hills, Fairway, Roeland Park, Mission Woods, Westwood, Westwood Hills, Gardner, Edgerton, De Soto and Bonner Springs.