Common DUI Questions

What is the potential penalty for a first time DUI?

In Kansas it is a 48 hour minimum term in jail or 100 hours of community service. The fine is from $750 to $1,250. The license suspension for a first occurrence is for 30 days with six months of eligibility for a restricted license with the installation of an ignition interlock device on a vehicle you own or operate.

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 qualify to drive with a restricted license for 60 days. A SR 22/ proof of insurance form must be filed with MDOR and ignition interlock device may be required if this is not a first occurrence.

What is an Ignition Interlock Device?

When a driver enters the car, the driver has to blow into a device with a Breathalyzer tube that is installed on the vehicle. 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 the data recorded. The ignition interlock devices must be re-calibrated once per month and any data recorded can be downloaded and sent to the Drivers Bureau. 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 Criminal Justice System , 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 and experienced DUI defense attorney at your side, your interests, freedoms, and rights can be defended.

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 investigate and ultimately 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 can lead 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, that mistake could lead to an erroneous arrest – causing you, the victim, a great deal of distress.

We have helped uncover instances of police misconduct and violations of search and seizure protocol and 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, contact our firm immediately.

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 face an automatic suspension, if an Administrative Drivers License Hearing is not requested. After an arrest, you could 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.