DUI Defense

There are Defenses Against a DUI Charge

DUI Defense

In the State of Kansas, When You Are Charged With a DUI There Are Two (2) Punishments

Punishment #1 the state wants to take your driver’s license.
WARNING!

You only have 14 days from your arrest to request a driver’s license hearing to stop the state from taking your license.

When you are charged with the DUI, the law enforcement officer physically takes your driver’s license and gives you a “pink or white sheet” – that is your temporary Driver’s License. WARNING! That temporary driver’s license is good for only 30 days. After the 30 days, your driver’s license will be suspended for up to 1 year.

You can stop that suspension by requesting a driver’s license hearing! You have only 14 days after the stop to request the hearing!

If you hire me, I will send a request for a driver’s license Hearing to the State and stop the suspension. I will fax and mail a copy of your request to the Administrative Hearing Section.

If you want to do it yourself, then you need to review the back of your pink or white sheet, and it will tell you how to do so. Call me if you have questions about keeping your driver’s license.

Example: A number of years ago, a client called me about getting stopped for a DUI. My client told me the date of the stop, and I realized it was the last day to request a hearing. It was Christmas Eve. Nevertheless, I went down to the office and faxed a request to the Administrative Hearing Section and we preserved my client's right to a hearing. Do not delay. When you are stopped and arrested for DUI, call me immediately!

Punishment #2 is the criminal punishment – incarceration (Jail), fines, probation, alcohol treatment, community service etc.

This is when you go to the District or Municipal Court. Your Court date is usually on your bond sheet and you must appear in Court on that date and time. Keep that date, put it on your calendar, and advise your attorney as soon as possible.

Do not wait, do not procrastinate. Call me immediately!

If you hire me right away, there is a good chance that you will not have to appear at that first court date. I will appear for you. It also may help with your attorney fees. Most DUI and Criminal Defense Lawyers require the attorney fee to be paid up-front. If you wait to call me, (i.e. one week before the court appearance) then you may not have sufficient funds to hire me. But, if you call me right away, and your court date has not been scheduled for 60-90 days down the road, then we can set up a payment plan so that my up-front fees will be paid in full by your first court date.

DEFENSES

(Below are some possible defenses that may be successful)

INVALID FIELD TESTS

My client was properly stopped for failing to use his turn signal. The officer then conducted Standard Field Sobriety Tests. Upon cross-examination it was revealed that the officer did not explain the tests correctly, did not conduct the test properly, did not score the tests correctly, and therefore did not follow the correct training as set out by the National Highway Transportation Safety Administration (NHTSA). The Court agreed and found that there was no probable cause to arrest my client and threw out the breath test results. The DUI charge was ultimately dismissed.

DEFECTIVE BREATH TEST

My client had been involved in an accident where her face had hit the steering wheel, resulting in a serious cut to her mouth. She was taken to the station and given the breath test. The officer failed to follow the breath test machine protocol and wait 20 minutes before giving my client the test. A hearing was had and the Judge suppressed the breath test and the DUI charge was dismissed.

DRIVER’S LICENSE HEARINGS

I always recommend that my clients request a Driver’s License Hearing. I request that there be an in-person hearing and that the arresting officer be subpoenaed to that hearing. If any of the officers that signed the pink sheet do not show up for the Driver’s License Hearing, then the Suspension Order is dismissed. Unfortunately, it is only in 5-10 hearings out of 100 that an officer does not appear at the Driver’s License Hearing. But, maybe you will be lucky. I once won 8 straight hearings because the officers failed to appear.

Success Story: Client was stopped for a DUI. My client’s Driver’s License was taken and she was given a “pink sheet.” When we arrive at the Hearing, I pointed out to the Hearing Officer that the arresting officer had issued my client an old, outdated form for the Notice of Suspension (pink sheet). The Court agreed and dismissed the Suspension Order. My client was able to keep her license.

REFUSAL OF THE BREATH TEST OR BLOOD TEST

With regard to the refusal of the breath test or blood test, it is a catch-22 situation. In most cases, you are free to refuse the breath or blood test. If you do refuse the test, then you will be charged with the old fashioned DUI. That is where the State or City must prove that you drove the vehicle under the influence of alcohol to a degree that rendered you incapable of safely of driving the car. In other words, you were so impaired by the alcohol, that you could not safely drive the car. If you were stopped for only a tag light or a seat-belt violation and there is no evidence that you drove impaired – without a breath or blood test, then you have a good chance winning the DUI criminal charge.

However, the catch-22 is that you may win the DUI criminal case, but the State will want to take your driver’s license for a longer period of time because you refused the test.

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