Kansas City DUI Defense Lawyers

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A conviction for driving under the influence (DUI) or driving while intoxicated (DWI) can result in mandatory jail time, high fines, and the suspension of your driver’s license. If you have been stopped for a DUI, DWI, or a related crime in the Kansas City metro area, let Joseph, Hollander & Craft’s skilled Kansas City DUI lawyers help you navigate your defense.

How Our DUI Defense Lawyers in Kansas City Can Help

Joseph, Hollander & Craft’s DUI defense lawyers have successfully defended felony and misdemeanor drunk driving cases in state and municipal courts all over Wyandotte, Leavenworth, Platte, Clay, Jackson and Cass Counties. Our defense attorneys know the intricacies of the DUI/DWI statutes and ordinances as well as applicable case law, and we put that knowledge to work for our clients.

We are aggressive trial advocates who hit the ground running to defend your rights in the face of criminal charges. We are skilled at uncovering problems and issues associated with the initial stop, field sobriety tests, the arrest, and/or the results of any test measuring blood alcohol concentration or drug intoxication. We know how to challenge the prosecution’s case against you and how to effectively present tangible and persuasive evidence in your favor. We know when to engage expert witnesses and what kinds of expert testimony will persuade a jury or a judge in your favor.

We also ensure that our clients’ constitutional rights are secure. For example, the Fourth Amendment guarantees your right to be free from unreasonable seizures. If the officer did not have a reasonable basis for stopping your car, evidence obtained during the stop can be suppressed (excluded from trial). Our Kansas City DUI lawyers carefully examine every drunk driving case for potential suppression issues to determine if there is a basis to exclude incriminating evidence.

What Kinds of DUI-Related Cases Do You Take?

Our Kansas City DUI defense lawyers represent clients who are facing charges related to:

• First-time DUI
• Successive DUI charges
• Underage DUI
• Underage possession and/or consumption
• Drug-impaired driving
• Open container violations
• Leaving the scene of an accident
• Vehicular homicide
• Involuntary manslaughter
• Accidents leading to injuries

How BAC Levels Affect DUI Charges

In Kansas and Missouri, a BAC test result at or above .08% will support a DUI or DWI charge. But you can be charged with DUI or DWI even when your BAC is below .08% or when your BAC is unknown.

What Are the Penalties for a DUI Conviction in Kansas City?

In Kansas City, Missouri, someone convicted of a first-time DUI will face, among other possible penalties:

• Up to six months in jail
• A fine of up to $1,000
• 90-day driver’s license suspension
• Having an ignition interlock device installed in the vehicle

If convicted a second time, the driver can expect:

• Up to one year in jail
• A fine of up to $2,000
• One year driver’s license suspension
• An ignition interlock device installed in the vehicle

Finally, for a third conviction (which is a Class E felony), the punishment could include:

• Up to four years in jail
• A fine of up to $10,000
• Ten-year driver’s license denial
• An ignition interlock device installed in the vehicle

Under Kansas law, meanwhile, a first-time DUI offender can expect at least the following:

• Up to six months in prison
• A fine of up to $1,000
• 30-day driver’s license suspension
• 180 days of having an ignition interlock device

A second conviction will result in:

• Up to one year in prison
• A fine of up to $1,750
• A one-year license suspension
• One year of having an ignition interlock device

A third conviction will result in:

• Up to one year in prison
• A fine up to $2,500
• A one-year license suspension
• Two years of having an ignition interlock device

The above are not necessarily the only penalties, with other examples including probation, alcohol testing and monitoring, driving classes, being required to purchase high-risk insurance, and other punishments as the court determines to be appropriate. To protect your rights, it is imperative that you work with a knowledgeable Kansas City DUI defense attorney.

Driver’s License Revocation Attorneys in Kansas City

Our Kansas City DUI defense lawyers also handle driver’s license revocation proceedings. We know the impact these actions can have on your freedom, finances, and driving privileges, as well as on your family and career. And we are committed to managing your case effectively, resourcefully, and with your endgame in mind.

Having a knowledgeable DUI lawyer at your license hearing can make the difference between losing your license and keeping it. At the hearing, a skilled DUI defense attorney can challenge whether the police had reasonable grounds to arrest you for DUI, the validity of the testing, and characterization of a refusal. A winning argument can get you your license back. Moreover, a skilled DUI defense attorney will know what issues to raise and preserve for appeal.

If you have been stopped for a DUI, DWI, or related crime, call our Kansas City DUI lawyers today.

Alternatives to Trial for DUI Charges in Kansas City

Our firm’s Kansas City DUI defense attorneys know the risks associated with litigation and will guide you toward your best possible outcome. If you decide you do not want to take your case to trial, our Kansas City DUI lawyers will negotiate an optimized plea on your behalf. JHC’s Kansas City DUI attorneys know the information the prosecution will consider when evaluating a plea agreement and can position you to leverage a lesser sentence.

We will also advise whether a diversion may be the better path. By entering a diversion agreement, you may avoid a conviction altogether—obtaining full dismissal of charges after the diversion period terminates. However, a diversion does require that you admit the prosecution can prove the charge against you, can result in conviction if you fail to meet the requirements of the agreement, and will count as a conviction in any subsequent prosecution. Our Kansas City DUI lawyers can talk you through the diversion process, help you determine whether you are eligible, and assist you in deciding whether diversion will work for you.

Frequently Asked Questions about DUI/DWI

Will a DUI or DWI arrest affect my driver’s license?

If you are arrested for a drunk driving offense, the police officer will take your driver’s license and provide you with a temporary permit. You then have a period of two weeks to request a hearing or face automatic suspension of your license. Only by requesting and winning at a hearing can you maintain unimpaired driving privileges. If you lose at the license hearing, then your license will be suspended.

Can I lose my professional license for a DUI conviction?

A DUI conviction can threaten your professional license, or an application to receive one. Regulated professions (e.g., medicine, law) require applicants to have good moral standing and avoid activities that might call into question their ability to practice, such as being convicted of a DUI. If you are facing DUI charges and have concerns about how it might impact your license, our professional licensure defense practice can help you.

Can you expunge a DUI from your record?

You may be eligible to expunge a DUI conviction, which seals it from your criminal record. Missouri only allows a first-time DUI conviction to be expunged and not everyone will qualify. The conviction must have been for a misdemeanor and must not have involved the operation of a commercial vehicle. Moreover, an individual must wait 10 years to expunge the DUI and must not have any other alcohol-related convictions or alcohol-related charges pending at the time.

The process and requirements are similar for Kansas DUI convictions, except that a subsequent DUI can potentially be expunged. The driver must wait five years after completing the sentence, diversion, or probation for a first-time conviction and 10 years for a second or subsequent DUI.

Talk to a skilled DUI defense lawyer in Kansas City to learn more about the expungement process.

Can you challenge the results of a field sobriety test?

You may be able to successfully challenge your field sobriety test results if there were irregularities with how the test was administered. Some possible grounds to do so include:

• The officer who conducted the test was not qualified to do so
• The officer was distracted or did not observe the driver take the test
• The driver was left holding a position (e.g. standing on one leg) for too long and failed for that reason rather than for being intoxicated
• The environment was inappropriate for the test (e.g. uneven ground, poor lighting, or bad weather)
• The driver had a valid reason for failing the test, such as poor health or age
• The instructions given for the test were flawed, confusing, or inadequate
• The results were ambiguous or open to more than one reasonable interpretation

Do You Have a DUI Defense Attorney Near Me?

Joseph, Hollander & Craft is located off the corner of 10th & Cherry Street in Kansas City, MO. We are close to the municipal courthouse and the Jackson County Courthouse. We also maintain offices in Overland Park, Lawrence, Topeka, and Wichita.