Kansas City DUI Attorney
Facing a DUI/DWI charge in Kansas City?
Attorney Steve Schanker will fight for you at trial, or he can effectively plea bargain on your behalf to avoid a criminal conviction, receive probation, or receive minimum jail time with work release or house arrest if mandated by law. The threshold to prove alcohol impairment is very low. It is presumed as having a blood alcohol concentration of .08% (.04% for CDL holders; .02% for minors), but can also be established when a person refuses to take a breath test and exhibits other indicators of intoxication like bad driving, suspicious appearance, and poor performance on field sobriety tests.
A police officer will initiate two separate actions when arresting a person for DUI/DWI. First, a criminal charge is filed which carries penalties including jail time, fines and probation requiring alcohol counseling and treatment. Second, a civil suit is brought by the Department of Revenue to suspend, revoke and/or restrict driving privileges. Both matters are equally important and need to be urgently addressed. A successful DUI/DWI defense is based at least on a thorough review of the police reports, the in-car and jailhouse audio/videos, the breathalyzer maintenance records and in-depth meetings with the client and potential witnesses. A motion to suppress evidence may work to exclude a breath test result or a confession so that the prosecutor's job becomes difficult or impossible to secure a conviction.
A charge of driving under the influence is a serious matter which can affect your life greatly due to the severity of the penalties. Depending on the outcome of your case, you may end up being incarcerated, forced to pay heavy fines, facing mandatory alcohol or drug education or treatment, you could be required to have an ignition interlock device be installed in your vehicles , face a long period of probation, and more. In certain circumstances, you may be charged with felony DUI, which carries much more serious consequences if you are convicted. A
Kansas City DUI lawyer can benefit you in seeking to avoid a conviction and DUI penalties. For more information, please read the following:
Drunk Driving Defense
Kansas and Missouri treat driving under the influence very seriously and offenders can face harsh consequences. By reviewing your case, the legal team could challenge the evidence against you and even get your charges dropped.
Driver's License Hearings
After being arrested for driving under the influence, you will be required to apply for a hearing. Although the time frame varies, hearings in both Kansas and Missouri will determine if you are able to keep you license.
If convicted of a DUI in Kansas for the first time, it will be categorized as a Class B misdemeanor. You could be sentenced to jail for up to six months and lose your license for 30 days. In Missouri, you could be facing a $500 fines and probation for two years.
The penalties for a DUI conviction vary from Kansas to Missouri, but they are both serious. In Kanas, the most severe conviction you could face is a felony. This will result in up to one year in jail and a fine of up to $2,000. In Missouri, a felony will lead to five years in prison and fines of $5,000.
Breath & Blood Tests
Breath and blood tests are designed to determine the amount of alcohol in your system. If this level (blood alcohol concentration) is 0.08% or above, you could be convicted and penalized. However, what most people do not is this evidence does not always hold up in court.
Field Sobriety Tests
There are three standardized field sobriety tests administered in Kansas and Missouri. Although these tests are helpful to law enforcement officers in identifying drunk drivers, they are far from accurate.
In July 2011, it was decided that a record can be expunged in Kansas ten years after the sentence has been completed. To see if you qualify for this chance to start over, contact an attorney from the firm.
DUI Involving an Accident
When drunk driving leads to an accident, the penalties increase. Not only could you face jail time and fines, but you could be forced to place an ignition interlock device in your vehicle.
DUI Involving Drugs
If you were arrested for driving impaired by the use of drugs, you could be convicted of DUI. It does not only refer to illegal substances, but to any prescription drugs and over the counter drugs that impair your driving.
Driving While Suspended
After a DUI arrest, your license may have been suspended. If you have been found to be driving while suspended, you could be facing an increased suspension time as well as more fines and jail time.
Felony DUI is the most serious type of DUI conviction. Although both states have harsh consequences, the penalties differ in Kansas and Missouri. In Kansas, offenders are given up to one year in jail and $2,500 in fines. In Missouri the same conviction results in five years in prison and a $5,000 fine.
First Time DUI
Authorities are the most lenient on first time DUI offenders. However, speaking with a legal representative could make the difference between a conviction and being acquitted.
Implied Consent Refusal
According to the implied consent law, if you refuse to take a breath or blood test, authorities are able to assume that you refused because you knew you would fail the test. An experienced attorney will be able to review your case in order fight for your rights.
Leaving the Scene
If you have been accused of leaving the scene of an accident, you could be convicted of a hit and run. In order to avoid this, speak with an attorney as soon as possible. Penalties will differ depending on the severity of the accident.
After being convicted of a DUI for the first time, the penalties will increase after each conviction. Because each charge is more serious than the last, it is crucial you have a strong legal advocate on your side throughout the process.
Every parent wants what is best for their child and a DUI conviction on their record will negatively affect their future education and career options. That is why it is important to do everything in your power to get their charges dropped.
Unlawful Police Stops
There are cases of individuals being stopped and arrested based on illegally obtained evidence. If the law enforcement officer who pulled you over at the time of your arrest did anything illegal, the whole case could be dropped.
If you were found to have a blood alcohol concentration of 0.08% or above at the time of your arrest or three hours afterwards, it is enough to get you convicted of driving under the influence. You could be charged with a misdemeanor or felony based on the circumstances.
Driving under the influence of alcohol is taken very seriously in Missouri. If you have been charged with this crime, you need to speak with an attorney as soon as possible. A conviction could lead to up to five years in prison and fines of up to $5,000.
How a Kansas City DUI Attorney Could Help
Your attorney can review your breath and blood tests, which may bring your reported BAC into question. Your field sobriety tests can also be considered, along with any suggestion of an unlawful police stop. Attorney Steve Schanker knows how to help you in all types of DWI cases. He can help you if you have been involved in an implied consent refusal or charged with a DUI involving an accident, a DUI involving drugs, underage DUI, leaving the scene, or driving while suspended.
Whether it is a first time DUI or a case of multiple DUI he can fight for a dismissed case, an acquittal, or a lighter DUI sentencing. Not only can he assist you with your criminal defense, he can also represent you at your driver's license hearing and work to salvage your driving privileges. He can also assist you to pursue expungement. He will address your case in a manner consistent with your wishes, whether you wish to go to trial or simply control the damage and work out a plea. The firm has reasonable rates and accepts payments plans to make it easier on you. You will always speak directly with him as he is committed to providing personalized service and attention, part of what contributes to his consistent positive reviews and feedback.
Contact a Kanss CIty DWI lawyer from our firm for help in your case!