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
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
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,
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? Contact us today a free consultation.
Do you have more questions or concerns regarding your DUI arrest? If you
have more unanswered questions, we may have information you need. Do not
think that your case is too complex or complicated; 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 might have regarding
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.