Overland Park DUI Defense Lawyers

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A conviction for driving under the influence (DUI) can result in steep consequences for the offender. Penalties can include jail time, high fines, and suspension of your driver’s license. If a law enforcement officer stops you for a DUI or a related offense, call one Joseph, Hollander & Craft’s Overland Park DUI lawyers right away. We stand ready to defend you to the fullest extent possible under the law.

Skilled DUI Defense Attorneys in Overland Park

Joseph, Hollander & Craft’s DUI defense lawyers have successfully defended thousands of felony and misdemeanor DUI cases in Johnson County District Court, Wyandotte County District Court, and municipal courts across both counties. We know the intricacies of the DUI statutes, ordinances, and case law as well as the tactics DUI prosecutors will use against you.

When you’ve been cited or arrested for a DUI, we are ready and able to hit the ground running in your defense. We are adept at uncovering problems associated with the initial car stop, field sobriety tests, the arrest process, and the results of any test measuring blood alcohol concentration (BAC). We are experienced with test refusals and will advise you regarding how it affects your case.

Whether you live in the area or were just passing through town, you can trust our DUI defense attorneys to guide you through and beyond your case. Always one step ahead, our Overland Park DUI attorneys leverage their experience to put you in prime position to defend your case.

Potential Defenses Against DUI Charges in or Near Overland Park

Our Overland Park DUI defense attorneys are aggressive trial advocates who work hard for our clients. We use experts to challenge the prosecution’s contentions regarding your blood alcohol concentration (BAC). We skillfully cross-examine the prosecution’s witnesses to expose the shortcomings of their investigations. And we also leverage motions to limit the evidence the prosecution can offer against you.

The Fourth Amendment gives you the right to be free of unreasonable searches and seizures. Evidence collected in violation of your Fourth Amendment rights can be suppressed. Our Overland Park DUI defense attorneys scrutinize the facts of every case we undertake to determine whether we can exclude incriminating material from trial.

Ready for Anything: DUI-Related Cases We Handle

Whether it is a first DUI charge or a successive DUI charge, a DUI involving drugs, an underage DUI, or a DUI involving an accident or injury, there’s nothing we have not seen and nothing we cannot handle. Joseph, Hollander & Craft also has the skills and resources to handle more complex, high-profile cases involving involuntary manslaughter or vehicular homicide charges.

Our Overland Park DUI lawyers also frequently defend related charges — from open container, minor in possession, and minor in consumption to leaving the scene of an accident, vehicular homicide, and involuntary manslaughter.

Strategic Solutions for Avoiding DUI-Related Litigation

Our Overland Park DUI defense attorneys understand the risks associated with DUI-related litigation, and we know the consequences of a conviction affect each person in a different way. We will guide you toward the best possible outcome for your case and your circumstances.

Should you decide you don’t want to take your case to trial, our Overland Park DUI defense lawyers will help you pursue an available alternative. If you are eligible for diversion (deferred prosecution), we will help you apply and talk you through the risks and benefits. If a plea is necessary, we will negotiate a plea bargain with your objectives in mind. We know what kind of information the prosecution will consider when evaluating these trial alternatives and will make sure you are positioned to resolve your case on terms that best suit your situation and needs.

Frequently Asked Questions About DUI Defense in Overland Park

Is alcohol consumption the only basis for a DUI charge?

Many people think driving under the influence is synonymous with drunk driving, but alcohol is only one substance that justifies a DUI charge. In Kansas, DUI is defined as operating or attempting to operate any vehicle under the influence of alcohol or drugs to a degree that renders the person incapable of safely driving a vehicle. You can be charged with and convicted for DUI based on drug use — even when the drug you used is legal and prescribed by a doctor.

Can a Kansas DUI be expunged?

Yes. If your DUI was committed before July 1, 2006, expungement is available after 5 years. For DUIs committed on or after July 1, 2006, a 5-year waiting period applies to first offenses and a 10-year waiting period applies to second or subsequent offenses — except for DUIs committed between July 1, 2014, and June 30, 2015, which have a 7-year waiting period. Joseph, Hollander & Craft’s Overland Park DUI defense attorneys are happy to help you clear your record with a DUI expungement.

Can I plea bargain out of a DUI?

Kansas law prohibits prosecutors from dropping DUI charges based on a plea agreement. However, your attorney can negotiate the terms of your sentence in the event you plead guilty to a DUI charge.

Can you help me keep my driver’s license?

Our Overland Park DUI defense advocates also defend clients in driver’ license revocation proceedings. There are times when representation at your license hearing makes the difference between keeping your license or having it revoked. A skilled criminal defense attorney will be able to challenge the grounds for your DUI arrest, challenge the validity and accuracy of the testing, and address any testing refusal issues. A proficient attorney will also know what issues to preserve for an appeal.

Can a DUI/DWI affect my child’s scholarship or educational opportunities?

Colleges and universities are increasingly reviewing applicants’ criminal records. A recent survey indicates that up to 55% of higher education institutions consider criminal records when deciding whether to admit a student. Criminal records may also be considered in the determination of whether to award scholarships or financial aid. Sponsors usually take character into account when selecting scholarship recipients and lenders want to make sure there is a good chance the student will repay the money. DUI or DWI charges and convictions can call such matters into question.

What are the penalties for a first-time DUI conviction?

If you are convicted of a first-time DUI in Kansas, the penalties could include between 48 hours and six months in jail, fines of up to $1,000, and court and probation costs. You can also expect to have your driver’s license suspended for at least 30 days, and you’ll be required to have an ignition interlock device installed in your vehicle for at least 180 days.

What are the penalties for a repeat DUI conviction?

The consequences grow more severe with each additional DUI conviction. Bigger fines, more time in jail, and possibly felony charges will be on the horizon. For instance, with a second DUI conviction in Kansas, you will be facing up to 12 months of jail time, fines up to $1,750, and a one-year driver’s license suspension. In Kansas, a third DUI offense may be a felony, and all fourth DUI offenses are felonies. Call Joseph, Hollander & Craft if you face repeat DUI charges in Kansas.

What are the penalties for a repeat DUI conviction?

The consequences grow more severe with each additional DUI conviction. Bigger fines, more time in jail, and possibly felony charges will be on the horizon. For instance, with a second DUI conviction in Kansas, you will be facing up to 12 months of jail time, fines up to $1,750, and a one-year driver’s license suspension. In Kansas, a third DUI offense may be a felony, and all fourth DUI offenses are felonies. Call Joseph, Hollander & Craft if you face repeat DUI charges in Kansas.

Can a DUI in another state affect my ability to drive in Kansas?

In determining whether you should be charged with or convicted of a second or subsequent DUI offense, Kansas will consider DUI convictions from other states. However, it’s important to note that each state has its own definition of what a DUI is, and this could affect the consequences of the offense in Kansas.

More specifically, it might be that a driver who was convicted of a DUI in another state would not have been convicted of a DUI under Kansas law due to differences in state law. An attorney should review the circumstances of your other convictions along with the applicable statutes and advise you accordingly.

Will a DUI conviction affect my professional license?

Some professional licenses require that the license holder maintain good moral character or face possible disciplinary action. Licensing boards also want to ensure professionals who have obligations toward patients or clients are not impaired by substance abuse issues. This is especially (but not exclusively) true with respect to medical licenses. All arrests, charges, indictments, and convictions for criminal offenses must be disclosed to the Kansas Board of Healing Arts. As one might expect, multiple arrests, convictions, etc. become more problematic for license holders and applicants.

Not only does our firm defend those accused of a DUI in the criminal justice system, we provide professional licensure defense to protect your standing with various licensing boards and, with it, your reputation and ability to earn a living.

Do You Have a DUI Defense Attorney Near Me?

Joseph, Hollander & Craft is located at 10104 W 105th St., at the corner of Mastin Street. We also maintain additional offices in Lawrence, Topeka, and Wichita, as well as Kansas City, MO, for your convenience, and proudly serve clients in and around Leawood, Lenexa, Merriam, Mission, DeSoto, Spring Hill, or Gardner-Edgerton.