Common DUI Questions
Answered by a Kansas City DUI Attorney
If you have been
arrested for a DUI in Kansas City, Kansas or Missouri, you probably have several questions
running through your head. At The Law Offices of Charles R. Green, we
completely understand how overwhelming it can be to face serious criminal
charges. Whether you have been arrested for the first time or are facing
multiple charges, any type of DUI conviction could carry life-changing
Don't risk going through this time on your own. To help you better understand the upcoming process, our Kansas City, MO
DUI lawyers have provided you with a set of common questions that we receive
at our firm. By addressing common concerns regarding the
DUI process, we hope that you can become more aware of your rights and legal options
at this time.
Would you like to learn more about DUIs in Kansas City? Please read through
the following set of questions and answers provided by our legal team at
The Law Offices of Charles R. Green.
Our Knowledgeable Legal Team Addresses Your Concerns
In Kansas it is a 48 hour minimum term in jail or 100 hours of community
service. The fine is from $500 to $1,000. The license suspension is for
30 ways with eligibility for a restricted license for 330 days thereafter.
For those charged in Missouri, there is a possible jail term of up to 6
months and fine of up to $500. The license is suspended for 30 days. After
serving that suspension, a person may drive with a restricted license
for 60 days. A SR 22 proof of insurance must be filed and ignition interlock
device may be required.
What is an ignition interlock device?
When a driver enters the car, the driver has to blow into a device like
a breathalyzer installed on the dashboard. The device is set to verify
that the driver does not register over .02 BAC (Blood Alcohol Concentration)
to .04 BAC. If the driver has been drinking the car will not start. At
random times while driving the driver will be asked to take another test.
If the driver fails to take the test or flunks the test, the device will
record the incident and begin an alarm such as lights flashing or horn
honking. The device does not interfere with driving of the car. It only
prevents starting the car.
Will I be convicted after an arrest?
You must remember that just because you have been arrested for a DUI offense
in Missouri or Kansas certainly does not mean that you will be convicted
of one. Under the protection of the law, you are always presumed innocent
until proven guilty beyond a reasonable doubt. Prosecutors will be faced
with the burden of providing evidentiary proof of your guilt, but with
the help of a skilled DUI defense attorney at your side, your interests,
freedoms, and rights can be effectively safeguarded against any claims
What is BAC and what does it have to do with a DUI?
BAC, or Blood Alcohol Content, refers to the level of alcohol found within
the bloodstream at any given time. When a police officer suspects a driver
to be operating a motor vehicle while under the influence of alcohol or
drugs, the police officer may pull the driver over to determine the driver's
BAC. If a driver is found to have a BAC level of .08% or higher, the driver
may be arrested for a DUI.
What are field sobriety tests?
Field sobriety tests are specific types of tests that police officers use to determine if a
driver is under the influence of drugs or alcohol. Because field sobriety
tests are standardized, they are supposed to be administered in the same
way every single time. Unfortunately, this is not always the case. Due
to inadequate training among other reasons, not all police officers administer
field sobriety tests according to the required standards. This has led
to unreliable results and inconclusive findings.
I was arrested for a DUI, but I wasn't drunk. Have my rights been violated?
Possibly. Though most police officers are great at their jobs and keep
the public safe, the truth remains that even police officers and other
law enforcement officials can make mistakes. In some cases, their mistake
could lead to an erroneous arrest – causing you, the victim, a great
deal of distress.
We have helped uncover instances of gross police misconduct and violations
of search and seizure regulations. In other instances, our clients'
rights have been breached at field sobriety check points. If you think
your rights have been violated during a DUI arrest, you must contact our
Will I lose my driver's license after an arrest for DUI?
Anyone who has been arrested for a DUI will be in jeopardy of losing their
driver's license. Upon an arrest for DUI, your license will be automatically
suspended. After an arrest,
have only 10 days to
request an Administrative License Hearing to prevent the suspension or revocation of your license. Without requesting
a hearing or failing to provide a legal defense, you could risk the loss
of your license.
More questions? Call Attorney Green for a free consultation!
Do you have more questions or concerns regarding your DUI arrest? If you
have more unanswered questions, do not think that your case is too complex
or complicated. We at The Law Offices of Charles R. Green would be happy
to listen to your concerns and provide you with the immediate answers
that you need. Your peace of mind is invaluable to us, and we strive to
address any anxieties that you have.
To learn how we can effectively defend your rights, freedoms, and driving
privileges, do not hesitate to
contact The Law Offices of Charles R. Green in Kansas City, Missouri or Kansas to request a
free case evaluation. We would be happy to meet with you confidentially to discuss the nature
of your particular case.