DUI Lawyer Overland Park

Arrested for Driving While Intoxicated in Overland Park Kansas?

The Overland Park Municipal Court is located at 12400 Foster Road, Overland Park, Kansas, 66213. Overland Park has a team of experienced Prosecutors and two full time Judges. There is no right to a jury trial in Overland Park as all trials are held before a Judge. Overland Park will usually not require a bond to be posted after a DUI arrest and Overland Park may allow a sober driver to pick you up after a DUI arrest. You want to talk with an experienced Overland Park DUI Lawyer as soon as possible.

The Overland Park Municipal Court adjudicates cases involving Driving Under the Influence (DUI), Misdemeanor Possession of Drugs, Probation Violations, Theft, Shoplifting or Stealing charges, Driving in Violation of Ignition Interlock Restrictions, and other Misdemeanor Traffic Violations and City Code Infractions.

If you are found guilty of DUI in Overland Park Municipal Court an appeal can be made to Johnson County District Court in Olathe, Kansas.

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

Yes, in most cases you can continue driving in Kansas 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.

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 or revocation 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 possible suspension or revocation 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 make a request with Kansas Department of Revenue that a Drivers License hearing 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?

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 need to serve any actual jail time on a second DUI offense, as the Community Weekend Intervention Program acts as a substitute for two days of jail.

The Community Weekend Intervention Program is held once every month or two months in New Century Kansas at the Adult Residential Center. 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.

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

A Third DUI in Kansas is classified as a Class A Misdemeanor if both of your prior DUI charges are at least ten years old at the time the third case is filed.

A Third DUI in Kansas 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 Kansas 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. The Wright Brothers made Overland Park the site for their first airplane flight west of the Mississippi on December 24 of 1909 and over 100,000 turned up to witness the exhibition. 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, YRC Worldwide, and Black and Veatch. 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.

Overland Park Court Resources:

Official Site for Overland Park

About Overland Park, KS

Overland Park Municipal Court

12400 Foster St
Overland Park, KS 66213

(913) 327-6800

(913) 327-5760 (Fax)

Hours· 8AM–5PM