DUI Lawyer In Overland Park  

Arrested for DUI in Overland Park? Our Overland Park DUI Lawyer has more than thirty years of experience fighting for Clients charged with DUI in Overland Park

Can I Still Drive After a DUI Arrest in Overland Park?

Yes, you will have temporary driving privileges and can continue driving for at least thirty days following a DUI arrest in Overland Park.

The Officer should have given you a DC-27 form that is valid for thirty days as a temporary Drivers License in Kansas.

What Are the Driver License Penalties for DUI in Overland Park?

If your Blood Alcohol Level was .08 or above you face a potential suspension of at least thirty days followed by six months of ignition interlock. If your Blood Alcohol Level was .15 or above the suspension is for one year followed by one year of ignition interlock. If you refused testing that penalty increases to a one-year suspension followed by two years of ignition interlock.

Although your first court in Overland Park date may be four to six weeks away, the right to challenge the suspension of your Kansas Driving Privileges when charged with DUI expires within ten business days or fourteen calendar days of being served with a DC-27 form.

The suspension of your Kansas Drivers License is a separate matter from the criminal case in Overland Park Municipal Court. Failure to request the Drivers License Hearing within 14 days may result in the automatic suspension of your Kansas Driving Privileges.

When you hire the Law Offices of Charles R. Green the first step we take on your behalf is to request a Drivers License Hearing with the Kansas Department of Revenue be held before any action is taken against your Drivers License.

A Drivers License hearing request preserves your right to challenge the suspension of your Kansas Driving Privileges and also importantly allows you to continue to drive legally in Kansas during the Driver License Hearing process.

Will I Serve Jail Time for a DUI Offense in Overland Park?

Jail time is no longer mandatory for a first-time DUI charge in Kansas, The maximum jail sentence on a first time DUI charge in Kansas is six months in jail and the maximum fine that may be levied is $1250.00. 

Recent changes to DUI law no longer require a minimum of two days in jail if you are convicted of a DUI as a first time offender. However some Judges and Prosecutors are still requiring jail time if you are convicted of DUI, even on a first offense.

If you are convicted as a second time DUI offender , you will be required to serve at least five days in jail as a minimum sentence. The maximum jail sentence on a second DUI offense in Kansas is one year in jail and a fine of $1750.00.

Can I Serve House Arrest Instead of Jail on a DUI Second Offense in Overland Park?

The sentencing outcome on a second DUI offense can be negotiated between your lawyer and the Overland Park Prosecutor.

Kansas law provides that the minimum five days of jail time on a second offense may be served as two days in jail or in an approved Community Weekend Intervention Program or 'CWIP' followed by 72 hours of house arrest. If your lawyer negotiates this type of plea agreement you may not be required to serve any actual jail time on a second DUI offense, as the Community Weekend Intervention Program acts as a ‘jail substitute’ for two days of jail.

What is the CWIP Program?

The Community Weekend Intervention Program is held once every month or two months in New Century Kansas at the Adult Residential Center and is authorized by statute to substitute for two days in jail. The CWIP program consists of 48 hours of classes, group participation and educational resources to raise awareness and assist individuals in re-evaluating their lives and their choices in relation to alcohol/ drugs. You must apply and be approved for admission to the CWIP. The Prosecutor must agree to your serving the CWIP instead of jail and the Judge must approve of your participation before you would be allowed to take the CWIP.

More information on the CWIP program can be found at   https://jococwip.com/

Is a Third DUI a Felony or Misdemeanor in Overland Park?

A Third DUI in Overland Park is classified as a Class A Misdemeanor if both of your prior DUI charges are at least ten years old at the time you receive your third DUI.

A Third DUI in Overland Park carries a minimum jail sentence of ninety days and maximum sentence of one year. The minimum fine on a third DUI offense is $1750.00.

A Third DUI in Overland Park is classified as a felony if one or both of your prior DUI charges are within the last ten years. A fourth or subsequent DUI is also considered a Felony.

About Overland Park, Kansas

The City of Overland Park traces its origins back to 1905 when founder William B. Strang, Jr. arrived, bought land and began planning subdivisions along a former military road. One of these subdivisions he named 'Overland Park' and the name has stuck ever since.  Overland Park was incorporated as a first-class city on May 20, 1960 and today is the second-largest city in Kansas, with a population of 184,823 and is the largest suburb of Kansas City. Major employers include T-Mobile, HCA Midwest Health,  Black and Veatch, and Johnson County Community College. The Oak Park Mall is the largest enclosed mall in Kansas or Missouri. Overland Park attractions include the Overland Park Arboretum and Botanical Gardens, the Scheels Overland Park Soccer Complex, as well as the Deanna Rose Children's Farmstead, recognized as one of the top ten tourist destinations in the Kansas City Area. Overland Park was recently named by Money Magazine as one of the Best Places to Live 2016.

Our Office is Conveniently Located Close to Overland Park Municipal Court. Contact Us for a Free Initial Consultation Today

Overland Park Court Resources:

Official Site for Overland Park

About Overland Park, KS

Overland Park Municipal Court

12400 Foster St
Overland Park, KS 66213

Overland Park Court Phone Number: (913) 327-6800

(913) 327-5760 (Fax)

Hours· 8AM–5PM