Overland Park Suspended License Defense Attorneys
Laws regarding driving under the influence in Johnson County and throughout Kansas are some of the toughest in the country. Every conviction in Kansas calls for a jail sentence, a driver's license suspension, court-ordered classes and treatment, probation and fines that can go up to hundreds or thousands of dollars.
At the law firm of Jeremiah L. Johnson, P.A., our lawyers and staff have handled hundreds of driving under the influence (DUI/DWI) cases in Johnson County and elsewhere in Kansas. The costs associated with a conviction are substantial, but just because you were arrested for drunk driving does not mean that you are guilty or that you will be convicted. Our firm works hard to defend our clients and keep them out of jail.
Johnson County DUI/DWI Attorneys
Even a first offense can have up to six months in jail; about $2,000 in court fines, fees, costs and treatment; and up to one year of license suspension. Depending on your blood alcohol concentration (BAC) level, a person convicted of a DUI/DWI may have to use an ignition interlock system in his or her vehicle.
Third or higher lifetime offenses are felonies in Kansas. Kansas puts all DUIs in this count, no matter when or where the conviction occurred, even in another state. A fair amount of our clients are under 21 — college students from Johnson County Community College and other universities — who have been arrested for DUIs and are faced with penalties that could impact the rest of their lives.
In some cases, a diversion program may be possible. Under this program, a prosecutor will agree to suspend prosecution for a 12-month period. The driver must complete the same requirements as he or she otherwise would, except without a mark on his or her criminal record. The jail sentence may also not be imposed, but even with a diversion program, the conviction will still count as a prior offense.
Jail Time Is Required in Johnson County
The laws governing Johnson County, Kansas, driving under the influence convictions call for a jail sentence for every Johnson County DUI/DWI conviction, even for first-time offenders with clean criminal and driving records. KSA 8-1567 requires that every similar conviction for DUI in a person's lifetime will count as a prior conviction, and be used to enhance the sentencing for the current DUI/DWI charge.
The maximum jail sentence for a first-time driving under the influence (DUI/DWI) conviction in Johnson County is six months in jail; the maximum sentence for a second-time DUI conviction in Kansas is one year in jail; a third-time Johnson County DUI-DWI conviction is a felony and punishable by up to one year in jail. A fourth or higher lifetime DUI conviction in Johnson County, Kansas, is also a felony, punishable by up to one year in jail with one year of post-release supervision from the Kansas Department of Corrections. Felony DUI convictions in Johnson County proceed in Johnson County District Court and carry the potential of long jail sentences before probation or work release is granted. The bottom line is that drunk driving convictions in Johnson County always include jail time.
In some instances, our Olathe law office's DUI/DWI attorneys may be able to arrange a diversion agreement for your Johnson County driving under the influence case. A DUI diversion, if completed successfully, will serve to dismiss the drunk driving charge (however, the administrative license suspension will not be affected), leaving your criminal record clean of a DUI conviction.
In other cases, our DUI/DWI lawyers may be able to help our clients avoid jail time through the use of the community weekend intervention program, often referred to as the CWIPS class. The CWIPS class satisfies the mandatory jail time requirement called for by Kansas law. The CWIPS class meets in an old hotel on the weekends. CWIPS participants will attend alcohol classes (that they would have to take anyway) and must stay in the facility for the weekend. However, they are only housed with other people convicted of DUI; there are no criminals convicted of other crimes present.
Contact Jeremiah L. Johnson, P.A., 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, P.A.. Schedule a no-cost, no-risk initial consultation by calling us toll free at 866-656-1268 or by sending us an e-mail.