Being arrested and charged with a DUI is a serious situation, but it doesn’t have to upturn your whole life. In fact, with the help of experienced DUI attorneys in Olathe, KS, you may be able to reduce your charges or even dismiss your case. There are many methods knowledgeable attorneys can use to help you recover from a DUI charge, so it’s in your best interest to seek legal representation as soon as possible.
Experience Matters: Work With the Best DUI Attorneys in Olathe, KS
In the most basic sense, experience in DUI cases means that a lawyer has used various methods to successfully help clients reduce their charges. Experience also means that lawyers know the specific Kansas laws that can be used for your case. While many people assume that being arrested for a DUI automatically means they will be charged, fined, and sentenced, the fact of the matter is that a knowledgeable legal team can help you challenge your case.
There are several tactics a DUI lawyer may use to help you reduce or dismiss your charges. For example, if you are a first-time offender, then your lawyer may be able to ask for leniency in your case. Or there may be extenuating circumstances related to your arrest, such as an unlawful traffic stop or an unusual arrest process, that can be used to dismiss your charges. Some strategies that can be explored for your case include:
Invalid Traffic Stop
The police can only pull your vehicle over for a traffic violation if there is a reasonable suspicion that you have done something illegal. For random traffic stops, speeding while driving, running a red light, or swerving into oncoming traffic are all valid reasons to pull you over. Even a broken taillight or headlight can be a reason to pull you over. If you are pulled over for a legitimate reason and the police discover you have been driving under the influence, then your traffic stop is valid.
However, if you are pulled over for an unclear reason and then you are charged with a DUI, it’s possible your charge can be dismissed. One example of an invalid traffic stop might be pulling you over simply because you are driving near a bar or club; if you are pulled over with only the unfounded suspicion that you might be driving while intoxicated, then your legal team can file to exclude unlawful evidence from your case.
Field Sobriety Tests
Field sobriety tests are standard procedure if you are pulled over with reasonable suspicion of a DUI. However, field sobriety tests themselves must be conducted within regular standards. If you are asked to complete an unusual sobriety test, then the results of the test will not be valid and this evidence can be dismissed from your case.
Some standard field sobriety tests for drivers suspected of DUI include horizontal gaze nystagmus, a walk and turn test, and a one-leg stand test. Using tests other than these can result in grounds for dismissal. Additionally, if these tests are given in poor conditions, such as a dimly lit street or in shoes that do not lend themselves to balance, then the results may also be questionable.
Chemical tests are as common as field sobriety tests when you are being arrested for a DUI – in fact, before you can be arrested, you will probably be asked to complete these tests. If the police don’t ask you to complete these tests, then they are violating the proper arresting procedure for DUI arrests. Chemical tests can refer to blood, urine, or breath tests, although breath tests are the most common when you have been pulled over.
That said, the results of a chemical test aren’t infallible. Some results can be thrown out for various reasons, such as contamination, improper storage, or inaccurate results because the collection device was not properly maintained.
If your case can’t be dismissed because of issues with the arrest, then you may have other strategies to explore to challenge your charges. For example, the prosecution has to prove beyond a reasonable doubt that you were driving while intoxicated, so if you weren’t driving, then you shouldn’t be charged.
This strategy can only be used in specific situations, such as being intoxicated in a parked vehicle. If a vehicle is parked and not being driven, then it should not matter that the person in the vehicle is intoxicated. If anything, intoxicated people who rest in their vehicles and do not drive unless they are sober are showing responsible behavior by leaving the car parked.
What Are the Steps for Your Defense?
If you have been arrested for driving under the influence, then you will likely want to take several steps to ensure that your case is handled properly. The first step will be to contact experienced DUI attorneys in your area to take on your case. From there, evidence for your case will be collected and a legal strategy will be built. The goal of your strategy will be to reduce potential charges or even have your case dismissed.
It’s important to have a goal for your case. By reducing the charges associated with your case, you may be able to minimize the financial and personal burdens you can face because of a DUI on your record. Whether or not you’re a first-time offender will determine how likely it is that your case will be dismissed. Other factors, such as the circumstances of your arrest, whether you were involved in an accident, or whether you had a child under the age of 14 in the vehicle at the time of arrest will also influence your charges.
In Kansas, the general consequences for a DUI increase with each offense you have. Even first-time offenders can face stiff consequences, like imprisonment for six months, license suspension for up to a year, and fines from $750 to $1000. The more offenses you have, the larger your fine will be, the longer your imprisonment, and the longer you will be without a license. Additionally, your charges may also be classified as a felony with repeated convictions, particularly if your charges are classified as “aggravated”.
All DUI offenders will be expected to complete a mandatory drug and alcohol education program in an effort to change behaviors that lead to DUIs. Additionally, it’s also common to have a mandatory interlock device installed on your vehicle, car impoundment, and even a revoked license if you have been charged with a DUI more than four times. An experienced legal team may only be able to reduce the monetary fine associated with your case if you are a repeat offender.
A DUI conviction can have a huge negative impact on your life. From the financial burden to a conviction on your record making it difficult to get a job or a place to live, a DUI charge in Kansas carries long-lasting consequences. This is why it’s ideal to find an experienced legal team who can help you build a case to reduce or dismiss your charges. For more information about hiring experienced DUI attorneys for your case in Olathe, KS, contact Billam & Henderson today.