A DUI lawyer can help you if you have been charged with Driving Under the Influence (DUI). Getting arrested and charged for a DUI can not only be a very stressful experience, but it can also lead to severe consequences.
Probable Cause – Consent to Search
Law enforcement has the right to pull a driver over for any number of reasons – speeding, weaving across lanes, failure to stop at a stop sign, or aggressive driving – any of which can result in a DUI charge if you are impaired due to alcohol or drug consumption. They must have probable cause to believe a crime has been committed before they can search your car.
If you exhibit signs of intoxication – slurred speech, the smell of alcohol or drugs, the inability to walk upright without weaving could indicate there is probable cause to pull you over.
Law enforcement must have your consent before searching your car – unless they have a search warrant or probable cause. If the officer suspects there is a weapon in the vehicle and his safety is in question, he has probable cause to search your car. If you are arrested the officer has the right to search with or without your consent.
Your refusal to consent to the search may not stop the officer from searching your car, but it may be beneficial when the case goes to court. A DUI lawyer may be able to challenge the search and have the findings thrown out.
Right to Remain Silent
You have the right to remain silent. Do not disclose any information about anything – whether you have been drinking or not – don’t give them the typical ‘I’ve only had a couple of beers’ response. The only thing you need to do is stay quiet and call a DUI lawyer. The police have the right to read you your Miranda Rights only if you are under arrest and in custody. If that happens you should ask to speak to a DUI lawyer and not say anything else.
Having a driving license gives the state the right to test you for blood alcohol concentration (BAC). Both Kansas and Missouri carry penalties for DUIs and DWIs (Driving While Intoxicated). While some of the terms may differ slightly, the intent is the same.
Missouri’s DWI laws prohibit all motorists from operating a motor vehicle with an excessive blood alcohol concentration (BAC) or while being under the influence of any combination of alcohol or drugs.
Missouri does not strictly prohibit dismissal or pleading down of a DWI charge.
Kansas’ DUI laws prohibit all motorists from operating or attempting to operate a motor vehicle with a BAC of .08
Kansas also has implied consent laws that require all drivers who have been lawfully arrested for a DUI to submit to a blood or breathalyzer tests. Refusal carries a two to a four-year suspension of license. All prior DUI convictions, refusals, and failed BAC tests (.08 g/ml or greater) within the person’s life are counted.
Kansas law prohibits reducing a DUI charge to a lesser offense, but a diversion agreement is sometimes possible. It is unlikely that the prosecution would agree to a complete dismissal.
Some Kansas laws pertaining to DUI charges are currently working their way through the courts that could potentially have a significant impact on DUI charges; particularly, attempting to make a DUI a crime when it involves “any measurable amount” of any drug in your system, regardless of whether it was actually causing impairment at the time of driving.
The bill also addresses the intent to eliminate implied consent in criminal DUI cases, allowing previous DUI cases from other states to be used in a Kansas DUI, and to allow breath tests with or without the offender’s consent. The law in 2018 is likely to change substantially and persons charged with DUI will need a DUI lawyer just to navigate through the courts.
Using a DUI Lawyer
A DUI lawyer will assist you in your defense and help protect your rights. If you are arrested or detained for more than a routine traffic stop, you should state your wish to remain silent until you are able to speak with your attorney.
A DUI charge is handled in a court of criminal law. You have the right to either represent yourself, accept the services of a public defender who is appointed by the court or hire a private DUI lawyer. There can be serious consequences to having a DUI or DWI charge against you. The laws are complicated and change frequently, and as every case is unique, the advice of an experienced DUI lawyer to represent you can lead to a better overall outcome. Attorneys who specialize in DUI cases have a thorough knowledge of DUI laws and defenses that other attorneys, such as a public defender or family law attorney, don’t have. Their expertise can lead to a better plea bargain or a shorter license-suspension period of time, or even a dismissal of the charges altogether.
Craig Divine is an experienced and competent DUI lawyer in Kansas City who is fully capable of obtaining the best possible outcome of your case. He will explain in detail every step of the process and answer all your questions. Craig’s knowledge becomes your knowledge. Call today to schedule a free consultation. 816-474-2240, or visit our website. Licensed in Missouri and Kansas.
Divine Law Office LLC – Kansas City, MO – 104 W 9th St., Suite 404, Kansas City, MO 64105