Leading Kansas DUI Defense Lawyer

Representing DUI Charges throughout Kansas

If fighting DUI charges in Kansas, including Olathe, Overland Park, and Johnson County, it is crucial to understand that time is of the essence. To protect your future and minimize the potential consequences, it is imperative to seek the immediate guidance of a knowledgeable Kansas DUI defense lawyer. Their expertise in local DUI laws, procedures, and defense strategies can make a significant difference in the outcome of your case. By taking swift action and securing legal representation, you increase your chances of mounting a strong defense, preserving your rights, and safeguarding your future. Don’t delay; consult with a skilled DUI defense lawyer as soon as possible.

Driving under the influence of alcohol or other drugs is a serious crime. Lawmakers, businesses, and communities in Kansas go above and beyond to prevent DUIs from happening, but the reality is that they still do. Because of the severity of the infraction, many people think that being arrested for a DUI means they will be found guilty. This is not always the case. No matter the circumstance, you have the right and ability to challenge your DUI case and potentially avoid jail time. 

Your Defense Against Overland Park DUI Charges

The DUI defense attorneys at Henderson Legal Defense are relentless when it comes to defending DUI charges for our clients. We know that DUI cases are complex and that there is always hope of avoiding serious consequences. The laws surrounding DUIs are ever-changing, so you must hire a criminal defense lawyer who has extensive expertise and experience in this area of practice. Not only is it essential for your attorney to have experience, but they must also have a firm understanding of local DUI regulations. Because local court rules can vary between areas of the same state, hiring an attorney who is local to the area of arrest is important to the success of your defense. The DUI defense attorneys at Henderson Legal Defense have been serving clients, for many years and are ranked in the National Association of Distinguished Counsel’s Top 1 Percent. Courtney Henderson is also a member of the National College for DUI Defense. 

What to Know  

There is a lot to remember if you are charged with a DUI. The process is new to many people, so remember to keep the following in mind if you find yourself arrested on DUI/DWI/OUI charges:

• An arrest doesn’t mean a conviction. Prosecutors will have to review the details of your case and a court will have to find you guilty beyond a reasonable doubt. 
• The legal process between arrest and trial is lengthy and complicated.
• DUIs may seem straightforward, but there are often weak spots in the state’s case. 

An experienced, driven attorney can walk you through all the details of your case, help you challenge your license revocation and submit paperwork, and give the prosecutors reasons that you should not be found guilty. 

Hiring a Johnson County DUI defense lawyer who has a history of successfully defending against DUI charges will provide you with the best chance of acquittal. Even if you are found guilty, having a lawyer to fight your case means that your sentence may be lighter, and some charges may be dropped. From Overland Park, KS, to Shawnee, KS, the attorneys at Henderson Legal Defense have been successfully defending the Kansas City community for many years and understand the complexities of DUI charges.

Potential Consequences of Getting a DUI

After a DUI, many people want to understand what the possible charges and outcomes may be, and understandably so. Unfortunately, there is no one answer to this question, as every situation is different. We can explain that your charges will be more severe if it’s not your first DUI offense or if you do not hire a competent local lawyer to defend you.

Consequences for Your Driver’s License

For first-time DUI/OUI/DWI offenders, the days and weeks following an arrest are confusing. While you may believe that you have time to find a lawyer and figure things out, the clock is ticking on several essential deadlines. The most pressing of these deadlines is your license appeal, which DUI offenders commonly overlook. Many do not realize that it is possible to regain license privileges after a DUI or DWI. The appeal window is incredibly short, so wasting time is not an option. In Overland Park, Kansas, you must file the proper paperwork within 14 days, and in Missouri, you must file the paperwork within 15 days.

Types of DUI Charges

In Kansas, DUI charges can vary in severity based on the circumstances surrounding the incident. Whether it’s a first-time offense or a repeat charge, understanding the types of DUI charges can help you make informed decisions about your defense. As a trusted Kansas DUI lawyer, we can provide the guidance and representation you need to protect your rights. Here’s a closer look at the primary types of DUI charges:

• First-time offender: Imprisonment up to six months, completion of a drug and alcohol education program, license suspension, car impoundment, and a fine ranging from $750 to $1,000.
• Second-time offender: Imprisonment up to one year, mandatory completion of a drug and alcohol education program, at least one-year license suspension, mandatory interlock device following license suspension, car impoundment for up to one year, and a fine ranging from $1,250 to $1,750.
• Third- or fourth-time offender: Felony offense charges, imprisonment up to one year, mandatory completion of a drug and alcohol education program, at least one-year license suspension, mandatory interlock device following license suspension, car impoundment for up to one year, and a fine ranging from $1,750 to $2,500.
• Fifth-time offender: Felony offense charges, imprisonment up to one year, mandatory completion of a drug and alcohol education program, your license may be permanently revoked, and you will receive a fine of $2,500.
• Felony DUI Charges: A DUI is considered a felony in Kansas if it’s the third offense within a certain period or involves aggravating factors like causing serious injury or having a minor passenger. Felony DUI convictions carry severe consequences, potentially affecting future employment and housing opportunities, alongside lengthy incarceration and substantial fines.
• Underage DUI: Kansas enforces strict zero-tolerance laws for drivers under 21. An underage driver with a blood alcohol content (BAC) as low as 0.02% can face DUI charges. Although penalties may differ from adult DUI cases, an underage DUI can still impact a young person’s driving privileges and future opportunities.
• DUI Aggravated Battery Felony: If someone were seriously injured due to your DUI, charges would most likely include imprisonment. The time to be served can range from 136 to 31 months in prison based upon prior history. 
• DUI with a child in the car: If you have a passenger under the age of 14, one month of jail time will be added to your base punishment.

Understanding the different types of DUI charges can help you evaluate your options and take proactive steps toward building a strong defense. Our experienced Overland Park DUI lawyer understands the nuances of these charges and has years of experience handling DUI cases.

Other Consequences

The simple fact that you were arrested for driving under the influence triggers the DMV to revoke license privileges. This is one of the reasons the appeal window is so important. If you do not take advantage of that time, it may be a lengthy and expensive problem to modify your license suspension, and you may be unable to drive legally for months or even years after the incident. DUI arrests also still appear on your driving record, meaning that insurance companies will often raise your rates, sometimes to prohibitively expensive levels. 

To avoid or minimize these sentences, it is in your best interest to hire an experienced DUI defense lawyer with extensive knowledge of state and local laws. At Henderson Legal Defense, we have years of experience fighting these charges while being thorough and relentless every time. We will work tirelessly to help you fight charges.

Non-Alcohol DUI Charges

Though DUIs are commonly associated with drivers who are intoxicated on alcohol, other substances can fall under DUI/DWI/OUI charges. Many DUIs are based upon medication prescribed by a physician even if alcohol is not involved in the DUI investigation. Though marijuana is becoming recreationally legal in more states across the country, it is not legal in any form in Kansas. Being caught while under the influence of marijuana can result in DUI or DWI charges, and you can be charged with a variety of other offenses, such as possession of an illegal substance, distribution of an illegal substance, and possession of drug paraphernalia. These charges can be severe and compounded with a DUI charge, which could result in significant punishment. Hard drugs such as methamphetamine, cocaine, heroin, and psychedelics incur many of the same charges. However, the punishments for these drugs will likely be more severe, especially if found due to driving under the influence.

Juvenile DUI Charges 

In Kansas, juvenile DUI laws are different from those for adults. The state takes underage drinking and driving seriously, with consequences focused on both accountability and rehabilitation. If your child is facing a DUI charge, it’s important to work with attorneys who understand how the juvenile system works.

At Henderson Legal Defense, we’re here to help. Our team knows the ins and outs of juvenile DUI cases and will guide you through the process with care and experience. We’ll review the details of the arrest, check whether your child’s rights were respected, and challenge any mistakes made by law enforcement.

Every case is different, so we take time to investigate the facts, review test results, and look for any available defenses. Then, we build a strategy tailored to your child’s situation—focused on achieving the best outcome possible.

We also work hard to reduce the long-term impact of a DUI. That includes pushing for options like diversion programs, counseling, community service, or educational classes instead of harsh penalties.

Our attorneys have years of experience representing minors in Kansas juvenile court. We know how to talk to judges and prosecutors and how to advocate for your child—whether in negotiations or in court.

If your child has been charged with a juvenile DUI, don’t wait. Call Henderson Legal Defense for a free, confidential consultation. We’ll explain your options and help you take the next steps to protect your child’s future.

Defenses Against DUI Charges

Fighting DUI charges must be done in a specific and tactical manner. There are a few ways that these charges may be thrown out, or the prosecution may grant leniency. Here are just some of the scenarios that may help exonerate you or force prosecutors to offer a deal:

• Illegal or unethical traffic stops: The police cannot pull you over without due cause. Unless they believe a crime is being committed, they are not allowed to perform traffic stops randomly. Proving that they do not have a legitimate reason for your initial stop can cause the case to be dismissed.
• Weaving: Under the umbrella of unethical stopping, the police cannot pull you over for weaving or swaying while driving unless you crossed a white or yellow line. This is often part of the reasoning of the police, but it may not be enough in a DUI case.
• Inaccurate or faulty field sobriety tests: Though sobriety tests have been used for years, there are many ways that the police may administer field sobriety tests outside of the standard protocol. Several medical conditions may cause a faulty test result, which can be used as grounds for acquittal during a trial.
• Dashcam/Bodycam video: Police videos may be the only “witness” you can get for your trial, but luckily, they give us a lot of information in your defense. If you passed a field sobriety test, the police may have no basis to ask you to submit to blood alcohol concentration testing (urine, blood, and breath). If you were asked to do so despite having passed a field test, the test may be challenged, and results may be suppressed.
• Faulty breathalyzer tests: Though these tests were made to appear as the epitome of proof in DUI crimes, the science on these devices is not exact. Even if the test is functioning properly, there are external criteria that can alter the results. Inexperienced breathalyzer administration, medical conditions, acid reflux, rising blood alcohol content, even just having food stuck in dental work can influence a breathalyzer reading. In these situations, the test results can be reasonably challenged. 

At Henderson Legal Defense, we regularly research and use these defenses to help our clients avoid jail time and life-ruining charges. Many people consider DUI cases to be cut and dry, but this could not be further from the truth. These cases are full of nuance, and guilt is not a given when you get arrested on DUI charges.

Reduced Sentencing Options

Facing a DUI charge in Overland Park can be overwhelming, but exploring reduced sentencing options may provide alternatives to traditional penalties. With the guidance of an experienced Kansas DUI lawyer, many defendants discover options that align better with their personal circumstances and long-term goals. Some available reduced sentencing options include alternative programs and negotiation strategies, potentially helping to avoid harsher penalties and move forward more quickly.

Potential Reduced Sentencing Options

Depending on the circumstances surrounding your DUI charge, the court may consider several alternative sentencing options, such as:

• Diversion Programs: First-time offenders may qualify for a diversion program. Completing the program requirements, which may include substance abuse counseling, can result in the dismissal of charges.
• Alcohol or Drug Treatment Programs: For defendants struggling with addiction, entering an approved treatment program may satisfy the court as an alternative to jail time.
• Community Service: In some cases, community service may be an alternative to fines or incarceration, allowing defendants to contribute positively to the community.
• Reduced Fines or Probation: Negotiating for reduced fines or probationary terms instead of jail time may help defendants maintain employment and support their families while serving their sentence.

These options can vary depending on the details of each case, so working closely with an Overland Park DUI attorney can help identify the best course of action. A knowledgeable attorney can review your specific case to pursue reduced sentencing options tailored to your needs and circumstances.

DUI Acquittal in Kansas

At Henderson Legal Defense, we understand the serious consequences of a DUI charge in Overland Park. Our experienced team of Kansas DUI defense attorneys is dedicated to protecting your rights and fighting for your freedom. If you are facing a DUI charge, it’s crucial to know that an acquittal is possible.

Every DUI case is unique, and we tailor our defense strategy to fit your specific circumstances. We will gather all available evidence, including witness statements, video footage, and chemical test results, to build a solid defense on your behalf. Our goal is to cast doubt on the prosecution’s case, highlighting any inconsistencies or unreliable evidence. If your case proceeds to trial, our skilled trial attorneys will vigorously advocate for your acquittal. With our extensive courtroom experience and in-depth knowledge of Kansas DUI laws, we will skillfully cross-examine witnesses, present compelling arguments, and challenge the prosecution’s case at every turn. Our relentless pursuit of justice is aimed at securing a favorable verdict on your behalf.

A DUI acquittal can make a significant difference in your life, protecting your driving privileges, avoiding hefty fines, and preventing a criminal record. Don’t leave your future to chance – schedule a no-cost consultation with our experienced DUI defense attorney at Henderson Legal Defense today. We will listen to your side of the story, assess the strengths and weaknesses of your case, and outline a personalized defense strategy tailored to your needs.

Expunging DUI Convictions: A Fresh Start with the Help of an Overland Park DUI Lawyer

A DUI conviction can affect your life long after the case is closed. Fortunately, in Kansas, you may have the option to expunge, or clear, certain DUI convictions from your record. DUI expungement offers a chance for a fresh start, freeing you from some of the limitations a criminal record can bring, including difficulties with employment, housing, and financial opportunities. Here’s what you need to know about DUI expungement in Kansas and how a Kansas DUI attorney can help.

Expunging your DUI record in Kansas can empower you to pursue new opportunities without the shadow of a past conviction. Consulting an Overland Park DUI attorney can clarify the process and improve your chances of a favorable outcome.

Work With an Experienced Kansas DUI/DWI Defense Lawyer 

At Henderson Legal Defense, we work to meticulously dismantle the prosecutor’s case. If it fails to withstand legal scrutiny, we will petition the court for a dismissal. By weakening the evidence against you, we can often negotiate a favorable plea agreement but are fully prepared to take your case to trial.

If you’re facing charges of DUI, OUI, or DWI, it is crucial to align yourself with an Overland Park DUI defense lawyer who will fiercely defend your rights. Schedule a free consultation at Henderson Legal Defense today by contacting us online or calling our office in Overland Park at (913) 782-4030. We proudly represent clients throughout Eastern Kansas.

Every alleged crime has a defense, and we will fight relentlessly to help you overcome your DUI charge.

Kansas DUI Frequently Asked Question's