Overland Park Drugged Driving Defense

Home » Overland Park Criminal Defense Lawyers » Overland Park DUI Defense Lawyers » Overland Park Drugged Driving Defense

Driving under the influence of drugs is a serious offense and can lead to DUI as well as other criminal charges. An Overland Park DUID defense attorney can assist you during a criminal prosecution as well as your driver’s license suspension hearing. When you need drugged driving defense in Overland Park, you need experience on your side. Contact Joseph, Hollander & Craft for a consultation to see how our aggressive, personalized approach may be able to save you from more serious charges after a DUID.

Kansas Laws on Driving Under the Influence of Drugs

Driving under the influence of drugs that make you incapable of safely operating a vehicle is against the law under K.S.A. 8-1567, even if the substances were prescribed to you legally. 

Under the Kansas Implied Consent Law, operating a motor vehicle with a state license implies your consent to a breath, blood, or urine test if a police officer suspects that you are driving under the influence. Refusing the test can result in your driver’s license being suspended, regardless of whether you are ultimately convicted of driving under the influence. Refusing the test can also be used against you in court later on in a DUID case.

Can You Get a DUID for a Prescription Medication?

Yes, it is possible to be charged with a DUID for a prescription medication, even if you have a valid medical prescription. DUID charges can be brought against people who drive under the influence of prescription drugs such as Xanax, Vicodin, muscle relaxers, anti-depressants, and more. The standard for Kansas drug impairment laws is “incapacity,” and not whether or not the substances were accessed legally.

What Are the Penalties for Drugged Driving in Overland Park?

K.S.A. 8-1567 penalizes driving under the influence as follows: 

1. 1st Conviction (a class B, nonperson misdemeanor): The person convicted shall be sentenced to not less than 48 consecutive hours nor more than six months’ imprisonment, or in the court’s discretion 100 hours of public service, and fined not less than $750 nor more than $1,000;
2. 2nd Conviction (a class A, nonperson misdemeanor): The person convicted shall be sentenced to not less than 90 days nor more than one year’s imprisonment and fined not less than $1,250 nor more than $1,750.
3. 3rd Conviction with No Priors in the Preceding 10 Years (a class A, nonperson misdemeanor): The person convicted shall be sentenced to not less than 90 days nor more than one year’s imprisonment and fined not less than $1,750 nor more than $2,500.
4. 3rd Conviction with Priors in the Preceding 10 Years (a severity level 6, nonperson felony): The person convicted shall be punished according to the sentencing guidelines, with special conditions applicable to probation or work release.
5. 4th Conviction (a severity level 6, nonperson felony) The following conditions shall apply to such sentence: The person convicted shall be punished according to the sentencing guidelines, with special conditions applicable to probation or work release.

In addition to the criminal penalties you may face, the state will initiate action against your driving privileges. Additionally, your professional licensure can be affected. You may also be sued civilly if you were involved in an accident that cause property damages or bodily harm.  

How the Penalties May Differ If Your Child Is Caught Driving While High

Children under 21 have less experience with prescription medication than adults. At times, your child may not realize the full effects of some medications on their system in the same way that an adult might. For instance, say your high schooler felt sick at school and took cough medication before driving themselves home. The law does not offer different interpretations that account for these circumstances, but an Overland Park drugged driving lawyer can help present their case in order to mitigate the consequences.

What Are Drug Recognition Experts?

A drug recognition expert or drug recognition evaluator (DRE) is a police officer trained to recognize impairment in drivers who are under the influence of drugs other than, or in addition to, alcohol. These officers receive specialized training, but their evaluations are not based on hard science. Instead, they rely on observations such as eye movement, balance, or pulse rate – a set of 12 factors that can be affected by stress, fatigue, or medical conditions unrelated to drug use. DREs are not medical professionals, which means a “misdiagnosis” of impairment may be possible.

How an Overland Park DUID Defense Lawyer Can Help

At Joseph, Hollander & Craft, our attorneys know how Kansas prosecutors build impaired driving cases and where those cases are most vulnerable. We challenge the legality of traffic stops, roadside testing, and the admissibility of evidence gathered by drug recognition experts. When blood or urine testing is used, we investigate whether the samples were properly collected and analyzed, and whether the results are actually reliable enough to support a conviction.

Just as important, we work with you to protect your broader future. For many clients, a DUID case threatens more than just criminal penalties. Professionals in healthcare, education, transportation, or government service may face disciplinary action or even the loss of a license. Our firm is recognized across Kansas for representing professionals before licensing boards, and that experience allows us to defend your record in court and your career outside it.

Whether you are accused of misusing prescription medication or of unlawful possession of a controlled substance, an Overland Park prescription drug defense attorney at Joseph, Hollander & Craft can provide the knowledgeable, targeted defense you need. From first-time offenders to clients facing repeat charges, our goal is always the same: to protect your rights, reduce the consequences, and fight for the best possible outcome under Kansas law.

Frequently Asked Questions About Driving Under the Influence of Drugs

Can police search my car if they think I was driving on drugs?

Kansas police may be able to conduct a warrantless search if they see or smell drugs in the car. An officer’s decision to search your car can be influenced by their experience on the job as well as what they observe. However, it cannot be based solely on a hunch. If an officer searches your car illegally, the evidence they find doing so may be deemed “Fruit of the Poisonous Tree” and stricken from consideration with a successful motion to suppress.

Will a DUID conviction affect my commercial driver’s license (CDL)?

Yes. A DUID conviction in Kansas will result in CDL suspension. A first offense typically leads to a one-year disqualification, while a second offense can result in a lifetime ban from holding a CDL.

Can you get a drugged driving charge expunged?

Potentially. In Kansas, a first DUID conviction may be eligible for expungement five years after the sentence is completed. A second conviction requires a longer waiting period. Expungement is not automatic and depends on the specific facts of your case. We can explain more during a consultation.

Do You Have a Drugged Driving Defense Attorney Near Me?

Joseph, Hollander & Craft maintains an office at 10104 W 105th St, on the corner of Mastin St and across from the US Veterans Administration building. We offer plenty of on-site parking. We have additional offices in Lawrence, Topeka, and Wichita, as well as an office in Kansas City, MO. Please contact us today to learn more.