Overland Park DUI Lawyer, Overland Park DUI Defense Attorney
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Have you been charged with a DUI?

DUI is a unique crime that many people, from all walks of life can easily find themselves charged with in the state of Kansas. If you've been charged with a DUI it doesn't mean you're a bad person. DUI charges are usually the result of an error in judgment. People usually don't consciously drive under the influence of drugs and/or alcohol. What is more common is that people drive under the mistaken belief that they are "okay"; to drive. Of course, most people aren't equipped to determine what their blood alcohol concentration (BAC) is before they start driving.

Most people that are charged with a DUI in Kansas know that it is a serious charge but beyond that have no idea what to do. They find themselves with many questions and concerns but because they have never been in trouble before they do not know where to turn, or they are embarrassed and are unwilling to seek help. From the outset there are very important deadlines that need to be met to preserve not only your freedom but your privilege to drive. In Kansas, simply one missed deadline will cause you to automatically loose your ability to contest the suspension of your driver's license.

From the start of your DUI case you need the help of an experienced DUI defense attorney. You need to sit down with an attorney that can give you some honest and accurate advice, based on experience handling these types of cases. The DUI laws change nearly every year and the consequences of those changes can way heavily on your case.

When selecting a DUI attorney look at all the attorney's qualifications. You want someone who stays up on current legislation and has specialized training to defend DUI cases. Mr. Davies has been selected to be a member of the National College of DUI Defense, "college members represent the most experienced DUI defense attorneys in the country."

If you have been accused of DUI call (913) 732-3014 for a free consultation.

Common Questions when charged with a DUI

How much trouble am I in?

In short, no matter how many DUI charges you have had in the past, you are facing a serious matter. There is no such thing as a "no big deal" DUI charge in the state of Kansas. Every single conviction for a DUI charge has Mandatory Jail time. You are also facing a possible driver's license suspension. DUI charges progressively get worse, like most criminal charges. If you have had a DUI in the past or multiple convictions then your minimum punishment range get higher and higher.

What do I need to know?

When someone gets a DUI they are actually facing two separate cases. They have their criminal case, where they go to court and face a judge and a prosecutor and their guilt or innocence is determined. Then they have the lesser known civil case, where they are facing a license suspension with the Kansas Department of Revenue. If you have gotten a DUI you need an attorney on both cases. One small mistake can have catastrophic consequences on your ability to drive. You need to know a lot, you need a DUI defense lawyer to speak with about your specific facts.

What is going to happen to my license?

It depends on what you do. If you do nothing then you will lose your license. The amount of time you will lose it for depends on several factors, including your driving record, if you blew in the intoxilyzer, what your BAC level was, etc. If you want to contest the suspension of you license, (YOU WILL WANT TO DO THIS) then from the second you get your DUI and receive a DC-27 form you have 14 days to request an administrative hearing or your license will automatically be suspended. For some, the license suspension will be one of the worst parts about getting a DUI.

What is a DC-27 and how does it impact my license?

A DC-27 is the pink piece of paper the cop gives you when you get arrested for a DUI. This form is crucial to maintaining your ability to drive, some very simple mistakes or inaccuracies on this form can be the difference between keeping your license and not keeping your license. You need an experienced DUI defense attorney to evaluate this form and put your best case forward at your administrative hearing.

Here is a copy of a DC-27 (Officer's Certification and Notice of Suspension) and some common mistakes and there consequences. This is not an exhaustive list.


Will I have a criminal record?

Again it depends on your specific facts. A DUI in Kansas can be either a Class B misdemeanor, a Class A misdemeanor, or it can be an unclassified Felony, depending on your criminal record. If you take a conviction then you will have a criminal record. If you plea guilty then you will have a criminal record. If you lose at trial then you will have a criminal record. That being said, you have options. Not all DUI charges end up in a conviction. The knowledge and skill of your attorney is the most valuable asset you can have when fighting a DUI case.

I know I am Guilty, should I still hire a lawyer?

Guilty or not you need an attorney to advocate for you and protect your rights. Police make mistakes, evidence may be able to be suppressed and the case against you falls apart. Depending on your actions and the actions of the police you may have a defense. You need an attorney with experience handling DUI cases to evaluate the discovery against you and let you know of your options. DUI cases are not always the "Slam Dunk" that most defendant's think they are.

Can I just plea bargain to a lesser charge?

The long and short of it is NO. In Kansas, the law does not allow a prosecutor to plea bargain down a DUI to a lesser charge. There are really limited options when it comes to DUI charges. You need to sit down with a DUI defense lawyer and have the attorney explain your particular options.

What is a diversion and what does it do?

A diversion agreement is a contract between a defendant in a criminal case and the state's attorney that is prosecuting the defendant for a crime. A diversion agreement is just like any other contract. The defendant will have obligations under the contract and the city or state will have obligations under the contract. Usually, a defendant that enters into a diversion agreement with the state will have to admit guilt and take responsibility for the crime they are charged with, as well as, other obligations they must meet. (pay a fee, take a drug and alcohol class, attend counseling, meet with a diversion officer or coordinator, attend a DUI victim impact panel, et. cetra) The conditions of the diversion agreement and the defendant's obligations under the contract largely depend on the facts of the offense and the jurisdiction the case is in. In exchange for the defendant's promise to complete his or her obligations under the contract the state will ask to continue the case for a specific amount of time. Usually the time period the case will get continued will be a year. The state's obligation then kicks in once the defendant has completed all of his or her requirements under the diversion agreement and the time period for the diversion has ended, then the State or City will dismiss the case with prejudice.

A diversion is designed usually for first-time offenders who are accused of lower level crimes. It allows for people to "get a second chance" when they make a mistake and commit a crime. Diversion at times can be a good option but it is not right for everyone.

What are the problems with a diversion?

Diversion isn't for everyone. Many prosecutors will push a diversion on a defendant without representation knowing that the accused person will violate the agreement and set them up to fail. Here are some factors to consider when deciding if diversion is for you.

1. In order to enter into a diversion agreement most state's attorneys will require you to waive nearly all of your rights. Giving up your rights will make it easier for the state to convict you if you violate the terms of the agreement.

2. Diversion can be misleading. It is presented as a way to "keep the crime from going on your record," that is only partially true. If you successfully complete the diversion it will not go on your record as a "conviction," but it may go on your record as a "diversion." Not many people know the difference between the two. If an employer looks up your record and finds a "diversion" they will probably have no idea what a "diversion" is and will hold it against you.

3. Diversion is tough. Most diversion agreements will have conditions including, no drinking alcohol, do using marijuana, no driving unless properly licensed, clearing up all warrants within 30 days, meeting with a diversion officer regularly, being subject to random drug and alcohol tests and paying a hefty diversion fee upfront.

4. If you want your record to be clean you still must expunge a diversion agreement after the statutory period of time has run, just like a conviction.

5. Diversion can still count against you as a conviction in the future if you get into additional trouble, in some cases.

Can the Field Sobriety Tests be beat?

In short, yes. Field Sobriety tests have been around for over 40 years in some form or another. Many of the original tests were wildly inaccurate. Eventually there were several studies commissioned to provide a uniform set of "Standard Field Sobriety Tests" commonly known as "SFSTs". The National Highway Traffic and Safety Administration established and adopted these standard tests. The Horizontal Gaze Nystagmus (HGN), the Walk and Turn, and the One Leg Stand are the three tests most commonly administered to a person on the side of the road. These tests are complicated and difficult to perform. They are so complicated that the officers charged with giving the instructions on how to complete the test will more often than not, incorrectly instruct the person who is taking the test on how to perform it. Secondly, the officers will often misinterpret the results and incorrectly score a person performing the tests. Our DUI Attorney has been through the exact same training that an officer would receive. I am certified per the National Highway Traffic and Safety Administration's curriculum to administer and score the Standard Field Sobriety Tests. My office keeps up to date on the changing interpretation of the instruction and scoring of these tests and how those apply to our clients' cases. We know these test better than the officers administering them.

Can the breathalyzer be beat?

The mechanical and electronic devices most commonly referred to as a "breathalyzer" can be wildly inaccurate. There are literally dozens of these types of devices, each one with a set of protocols, procedures, calibration techniques, storage requirements, and maintenance requirements. Many times officers are not properly trained on the device they are operating or have confused the protocols of one machine with another. There may be issues with the maintenance, storage, or calibration of the machine used to test your blood alcohol level.

Each of these machines have there particular pitfalls, quirks, and evidentiary value. The results of using some of these machines are strong evidence that a persons blood alcohol level is at a specific level, some have results that can not be trusted and are not even allowed into evidence. A person facing a DUI charge needs to consult with an DUI defense lawyer that is familiar with the specific breathalyzer or PBT that was used in your case. After the attorney has ordered the discovery in your case he can consult the operating manual for your particular machine and evaluate the machine's required protocols and procedures then give you an accurate evaluation of the evidence against you.

In Kansas, the most important and most credible device used to determine blood alcohol level is the Intoxilyzer 8000. This is the device used by law enforcement to determine your BAC back at the station. This device is not a full proof way to determine someone's BAC. When you have been tested by a Intoxilyzer 8000 you need to consult with a DUI defense attorney and tell them exactly when and how you were tested. The procedures used in this test will have drastic ramifications on both your license and your criminal case. Our DUI lawyer has received specialized training on the science behind how a Breathalyzer works. As well as, the specific protocols and procedures in maintaining and certifying each machine for use. This training is vital when trying to suppress a breath test.

Here is a list of the "Preliminary Breath Tests" that are approved in Kansas.

(The Highlighted links go directly to the machine's User Manual )

Alcohol Countermeasure Systems (Alert J-5)
CMI Inc. (Intoxilyzer 300)
CMI Inc. (Intoxilyzer 400)
CMI Inc. (Intoxilyzer 550)
CMI Inc. (Intoxilyzer 600)
CMI Inc. (Intoxilyzer SD2)
CMI Inc. (Intoxilyzer SD5)
CMI Inc. (Intoxilyzer 8000)
Drager (Alcotest 6510)
Drager (Alcotest 6810)
Drager (Breathalyzer 7410)
Guth (Wat 89EC-1)
Guth (Alcotechtor BAC 100)
Intoximeter (Alco-Sensor)
Intoximeter (Alco-Sensor Pass-Warn-Fail)
Intoximeter (Alco-Sensor III)
Intoximeter (Alco-Sensor Digital)
Intoximeter (Alco-Sensor IV Digital)
Intoximeter (Alco-Sensor Pass-Warn-Fail)
Intoximeter (Alco-Sensor FST)
Intoximeter (Alco-Sensor V XL)
Lifeloc (FC-10)
Lifeloc (FC-10 Plus)
Lifeloc (FC-20)
Lifeloc (FC-20 BT)
Lifeloc (PBA 3000)
Sound Off, Inc. (Alco Data)
Alcovisor (Mark X)
Alcovisor (Jupiter)
Alcovisor (Mercury)

What do I need to know about the Intoxilyzer 8000?

The Intoxilyzer 8000 is the primary and only breathalyzer in Kansas that is an evidentiary breathalyzer. The results of the Intoxilyzer 8000 (unless suppressed) can come in as scientific evidence that a person has consumed alcohol. The Intoxilyzer 8000 is the breath test that most departments will have a person suspected of DUI take back at the police department's office. The Intoxilyzer 8000 is far from perfect. It must be calibrated correctly with the proper equipment and testing gasses from an approved gas provider. It must also be operated by a trained and certified professional. The machine must also be used per the certifying states protocol.

State of Kansas Protocol for Intoxilyzer 8000
Common Problems with the Intoxilyzer 8000 and Error Codes
Proper Printout of Intoxilyzer 8000 Results

Does the officer have to give me any notices before a Breath Test?

There are two different types of breath tests, the PBT or Preliminary Breath Test and the Intoxilyzer 8000. Each has their own required warnings and instructions that must be given before you take a test.

Before an officer can administer the PBT he/she has to provide you with three warnings.
1) You do not have the right to consult with an attorney before taking the PBT.
2) Failure to give a sample or refusal of a PBT is a infraction.
3) You may be subject to further testing.

Before an officer can administer a Intoxilyzer 8000 test the officer must read you the Implied Consent Advisory. (DC-70) The advisory is attached below and does not require a signature to be valid.

Implied Consent Advisory (DC-70) 2012 Version
Implied Consent Advisory (DC-70) 2013 Version

What if I am charged with driving under the influence of drugs?

This happens quite often. A person is suspected of DUI but they haven't been drinking. The officer has the suspect do a breath test and it comes back negative or for a small amount of alcohol, and the officer still arrests them. In Kansas, it is against the law to operate under the influence of any substance that renders you unsafe to drive. If an officer believes that you are under the influence of something other than alcohol they will have to investigate further. A regular "run of the mill" patrol officer is not qualified to determine if you are under the influence of drugs. Specially trained officers called a "DRE" or "Drug Recognition Expert" will perform additional tests. These officers have been through additional training to help them detect when a person is under the influence of drugs.

As one might guess a DRE is not an actual expert. In fact, the "E" in "DRE" actually stands for evaluator not expert. However, the Court will often give substantial deference to these DRE trained officers. A sophisticated trial lawyer will pick apart a DRE. DRE officers are often wrong. They don't remember their training. A defense attorney needs to know the DRE training just as well as the DRE officer. When questioning a DRE an attorney needs to have available the DRE Training Manual and if possible the DRE Instructor's Training Manual. Knowing the content of these manuals may be the difference between a conviction and an acquittal.

DRE Student Training Manual (Pre-School)
DRE Student Training Manual
DRE Instructor Training Manual (Pre-School)
DRE Instructor Training Manual

Have you lost your license because of a DUI?

If you have lost your license because of a DUI and would like to apply to modify your suspension it may be possible. The State of Kansas allows people who have a suspension based on a DUI to apply to modify their suspension and get a restricted license. The restricted license allows for an "early" install of the ignition interlock device. After you have served 90 days of your driver's license suspension, if the suspension was based on a refusal of a breath test, or after you have served 45 days of a suspension based on a failed breath test you can apply for the modification.

Kansas Application to Modify Driver's License Suspension DC-1015
Kansas Application to Modify Driver's License Suspension DC-1015 Updated Version 2015

What is an ADSAP evaluation?

An ADSAP evaluation is basically shorthand or "lawyer slang" for a statutory required evaluation that a person must undergo when they plea to a DUI charge or are found guilty of a DUI charge. The provision of the law that requires this is: KSA 8-1567

(x) Upon every conviction of a violation of this section, the court shall order such person to submit to a pre-sentence alcohol and drug abuse evaluation pursuant to K.S.A. 8-1008, and amendments thereto. Such pre-sentence evaluation shall be made available, and shall be considered by the sentencing court.

Where do you get an ADSAP evaluation?

Each court has different approved providers. Depending on the court and your particular needs you should consult with your attorney to find the best provider. All providers are not created equal and may end up being your monitor for probation. You want to consult with your attorney to pick a provider that is going to fit with your personality and your individual needs.

Approved ADSAP Evaluators in Douglas County
Approved ADSAP Evaluators for Desoto Municipal Court
Approved ADSAP Evaluators in Fairway Municipal Court
Approved ADSAP Evaluators in Gardner Municipal Court
Approved ADSAP Evaluators in Johnson County
Approved ADSAP Evaluators in Kansas City, Kansas Municipal Court
Approved ADSAP Evaluators in Basehor
Approved ADSAP Evaluators in Eudora
Approved ADSAP Evaluators in Lake Quivira Municipal Court
Approved ADSAP Evaluators in Lawrence Municipal Court
Approved ADSAP Evaluators in Leawood Municipal Court
Approved ADSAP Evaluators in Lenexa Municipal Court
Approved ADSAP Evaluators in Merriam Municipal Court
Approved ADSAP Evaluators in Miami County
Approved ADSAP Evaluators in Mission Municipal Court
Approved ADSAP Evaluators in Mission Hills Municipal Court
Approved ADSAP Evaluators in Olathe Municipal Court
Approved ADSAP Evaluators in Ottawa
Approved ADSAP Evaluators in Overland Park Municipal Court
Approved ADSAP Evaluators in Osawatomie Municipal Court
Approved ADSAP Evaluators in Paola Municipal Court
Approved ADSAP Evaluators in Prairie Village Municipal Court
Approved ADSAP Evaluators in Roeland Park Municipal Court
Approved ADSAP Evaluators in Shawnee Municipal Court
Approved ADSAP Evaluators in Wyandotte County

What is a CWIP Program?

Nearly every time a person gets a DUI conviction in Kansas there will be mandatory jail time. The only exception being for a first time offender in district court when a judge allows the defendant to do 100 hours of community service in lieu of serving the mandatory 48 hours. Which is pretty uncommon. The problem with mandatory jail time is, its mandatory, and most people do not want to go to jail. This is were the CWIP program comes in. CWIP or (Community Weekend Intervention Program) can meet the statutory requirement for "mandatory jail time" on a first time DUI offense. Many times a DUI defense lawyer can negotiate this as part of a plea to an DUI case that the client does not want to take to trial. CWIP programs allow a person to go to a secure site, that is not a jail and stay and learn about DUI offenses. Only people convicted of DUI offenses are allowed to go, so its not nearly as bad as confinement in a jail setting. There are a couple of CWIP programs available, depending on your jurisdiction. Keep in mind that not every court will accept CWIPs.

CWIP through Connecting Pointe, LLC (Johnson County)
CWIP through CS Counseling

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