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\u2019s 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.<\/p>\n
Driving under the influence of drugs that make you incapable of safely operating a vehicle is against the law under <\/span>K.S.A. 8-1567<\/span><\/a>, even if the substances were prescribed to you legally.\u00a0<\/span><\/p>\n Under the Kansas <\/span>Implied Consent Law<\/span><\/a>, 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\u2019s 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.<\/span><\/p>\n 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 \u201cincapacity,\u201d and not whether or not the substances were accessed legally.<\/p>\n K.S.A. 8-1567 penalizes driving under the influence as follows:\u00a0<\/span><\/p>\n In addition to the criminal penalties you may face, the state will initiate action against your driving privileges. Additionally, your <\/span>professional licensure<\/span><\/a> can be affected. You may also be sued civilly if you were involved in an accident that cause property damages or bodily harm.\u00a0\u00a0<\/span><\/p>\n Children under 21<\/span><\/a> 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.<\/span><\/p>\n 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. <\/span>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 \u2013 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 \u201cmisdiagnosis\u201d of impairment may be possible. <\/span><\/p>\n At Joseph, Hollander & Craft, our attorneys know how Kansas prosecutors build <\/span>impaired driving cases<\/span><\/a> 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.<\/span><\/p>\n 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.<\/span><\/p>\n 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.<\/span><\/p>\n Kansas police may be able to conduct a warrantless search if they see or smell drugs in the car. An officer\u2019s 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 \u201cFruit of the Poisonous Tree\u201d and stricken from consideration with a successful motion to suppress.<\/p>\n 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.<\/span><\/p>\n Potentially. In Kansas, a first DUID conviction may be eligible for expungement<\/a> 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.<\/span><\/p>\n 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 <\/span>Lawrence<\/span><\/a>, <\/span>Topeka,<\/span><\/a> and <\/span>Wichita,<\/span><\/a> as well as an office in <\/span>Kansas City, MO<\/span><\/a>. Please <\/span>contact us<\/span><\/a> today to learn more.<\/span><\/p>\n","protected":false},"excerpt":{"rendered":" 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\u2019s license suspension hearing. When you need drugged driving defense in Overland Park, you need experience on […]<\/p>\n","protected":false},"author":192,"featured_media":2476,"parent":714,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"templates\/template-practice-areas.php","meta":{"_acf_changed":false,"inline_featured_image":false,"footnotes":""},"class_list":["post-2475","page","type-page","status-publish","has-post-thumbnail","hentry"],"acf":[],"yoast_head":"\nCan You Get a DUID for a Prescription Medication?<\/h2>\n
What Are the Penalties for Drugged Driving in Overland Park?<\/h2>\n
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How the Penalties May Differ If Your Child Is Caught Driving While High<\/h3>\n
What Are Drug Recognition Experts?<\/h2>\n
How an Overland Park DUID Defense Lawyer Can Help<\/h2>\n
Frequently Asked Questions About Driving Under the Influence of Drugs<\/h2>\n
Can police search my car if they think I was driving on drugs?<\/h3>\n
Will a DUID conviction affect my commercial driver\u2019s license (CDL)?<\/h3>\n
Can you get a drugged driving charge expunged?<\/h3>\n
Do You Have a Drugged Driving Defense Attorney Near Me?<\/h2>\n