What Are Field Sobriety Tests?

September 14th, 2012

Today, we are citizens that are constantly on the go. From the instant we wake up each morning we begin to process not only must be done for ourselves, but for the others around us as well. From errands, to work, to even involvement with school and social activities our day only seems to end and start back up in the blink of an eye. However, when we are doing our many tasks we expect things to not only go smoothly, but fast, and efficient.

Many people today are falsely accused of driving while under the influence of alcohol or drugs. It is not uncommon for an individual to come across a roadblock or be pulled over and asked the question, “So, have you had anything to drink this evening?” Sometimes a cop, or other law enforcement entity is bound to actually catch someone that truly is breaking the law. However, most of the time it is just an innocent person that is inevitably wasting their time, and taxpayer’s money.

When a person is accused of drinking and driving they are asked to participate in a field sobriety test. Of course, you can refuse, but whether or not your innocent or guilty many states today have laws that ban or suspend a person’s license for a period of time.

When you step out the car the examination will try to pinpoint a few key factors such as balance, response, and coordination. Usually, it will be walking a straight line, or through cones. Officers will always examine the physical traits of a person to see if blood shot eyes, slurred speech, or if the odor of alcohol or other drugs is apparent on the person or within the vehicle. A breathalyzer examine or blood test can also be asked for a person to participate in, but most of the time the results are faulty, or can be easily mixed up among other possibilities.

With people at a steady go, people tend to become disgruntled or upset if their time is wasted, especially with the possibility of being accused of being behind the wheel drinking or using drugs. Although in some cases those individuals using and abusing are caught, many tax dollars are wasted on efforts that are unnecessary, or frankly useless by some law enforcement officers trying to just make a little more pay here or there.

At The DUI Clinic, we like to say that friends don’t let friends plead guilty. While many people who have been charged with a DUI are proven guilty, many are not. We can help you level the playing field and get the best results for you. Our goal is to minimize the impact of a DUI charge on your life. Call us today at 888-4-DUI-CLINIC to get you started on your DUI case now.

The Truths Behind Roadblocks

August 8th, 2012

Everyday we get behind the wheels of our car driving from one location to the next. From early morning to late at night we are always on the roads trying to get the daily challenges life throws at us down with speed and efficiency. We sometimes drive long hours on our hard earned vacation time to our destination of choice in hope of thrill and relaxation. Either way, we as Americans are constantly on the road moving from place to place. However, when we are on the road we want speed and efficiency. Yet, we are bound to run across a roadblock sometime within our driving experiences in one place or another.

Roadblocks main purpose that is known by the general public is to help cars going through them be investigated and make sure that there is not any driving while intoxicated of alcohol or other substances. These roadblocks can either take just a minute or two, or you can be in traffic for a long period of time causing many people to get frustrated easily.

So, one would think that these roadblocks are bringing in many people who are drinking and driving, putting a halt on crime, and protecting those on the roads right? Wrong. Roadblocks today have become completely ineffective, and quite frankly useless. Law enforcement entities are not really catching anyone that is drinking and driving, but more or less just trying to help meet a ticket quota for necessary paperwork that some drivers have that is expired.

More or less, the roadblocks are not bringing in any individual’s that are drunk driving simply because they either do not get on that road when hearing about it, or just do not get on the road and wait to get on at a later time. Also, technology has also allowed individuals to find out where officers are stationed for speeding spots, and even roadblocks, which also helps those who drink and drive.

Overall, roadblocks are a way of the past and continue to be a waste of American’s hard earned money that goes to taxes. A new method needs to be devised in order to catch those that are drinking and driving, but also be a successful form of law enforcement that is bringing results constantly to the citizens of what every county, or state is paying for them.

At The DUI Clinic, we like to say that friends don’t let friends plead guilty. While many people who have been charged with a DUI are proven guilty, many are not. We can help you level the playing field and get the best results for you. Our goal is to minimize the impact of a DUI charge on your life. Call us today at 888-4-DUI-CLINIC to get you started on your DUI case now.

Holidays and DUIs

December 21st, 2011

Every year we can be certain of a few things such as birthday days, being paid, and having to pay bills. With our lives already busy, and the United States trying to steadily recover from an economic recession many people are caught “down in the dumps”. However, one thing can be certain that every year holidays not only come, but usually turn frowns upside down in order to turn situations and attitude brighter and better. We travel from place to place in order to see our family, friends, and loved ones. Yet, one thing that we can be sure will not change is law enforcement presence on and off the roadways.

We can all assume that holidays bring on enormous amounts of traffic from place to place. People would like to think that all of these roadways are filled with safe drivers that are just trying to get from location to location without an issues, but that assumption can never be certain. DUIs are not on holiday during that which everyone else is. Holidays are actually a prime time when actual DUIs occur with so many festivities occurring.

People could easily go to a company Christmas party and toss back a beer, and maybe a few seasonal cocktails with work associates and feel nothing and assume they are fine to drive home. However, assumptions like that can easily end in a present no one wants, injury or even death. Drivers often make the hasty rationalization that since they only had one or two drinks it will be okay to make a short drive home. Wrong. These are the ideas that people who usually get charged, and convicted of DUIs have and inevitably regret in the long run.

Holidays are a time for everyone to be rejoicing and celebrating the reason of the season with those that they are about so make making memories that will last a lifetime. But, memories do not make themselves and require the presence of the person to work. If you’re too busy drinking and driving how to do you expect to have those memories now and later?

At The DUI Clinic, we like to say that friends don’t let friends plead guilty. While many people who have been charged with a DUI are proven guilty, many are not. We can help you level the playing field and get the best results for you. Our goal is to minimize the impact of a DUI charge on your life. Call us today at 888-4-DUI-CLINIC to get you started on your DUI case now.

DUI Penalties in Kansas: New and Improved

November 22nd, 2011

Everyday we make a decision one way or another. We chose to wake up, go to work or school, the food we eat, if we exercise or not, and when we go to bed. It is a process that repeats itself everyday. Life is completely about the choices that we make from their start to end.  It is also expected in life today that an individual will consume some form or another of alcohol. From there, depending on the setting, the individual will make the choice of either driving home, or relying on another to get them from point A to point B. However, many times people think that they are not truly at the level of intoxication that they are, or simply just not too bright when it comes to drinking and driving.

This past year within Kansas, driving while under the influence of alcohol penalties have increased greatly. A first offender can get there license taken away for at least 30 days in their results from a breathalyzer test state that a blood alcohol content (BAC) level of .15% or lower. Unlike other states, Kansas has instated these suspended driver’s license initiatives in order to help make the state not only safer, but decrease the likelihood of an individual driving who has had one too many drinks, or any for that matter.

A person who receives an additional breathalyzer test with the same, or greater results will have a suspended license for at least up to a year, which at times can be extended within the court of law by a judge. If an individual blows results within a breathalyzer test, that of a .15% or higher, their license will be taken for a year of suspension their first time. Also, they will be responsible after they are given their license back for driving in a vehicle equipped with an ignition interlock system, which is basically a self administered breathalyzer test.

Eventually, after a driver reaches five infractions with the law, their license will be removed from them permanently and from there will have more issues than just drinking and driving to deal with. When it comes to drinking people like a lot of variety. From mixed drinks, to cocktails, and even to decorative holiday drinks people enjoy having fun when drinking. Yet, one thing for certain does not go while with alcohol at all and that is driving.

At The DUI Clinic, we like to say that friends don’t let friends plead guilty. While many people who have been charged with a DUI are proven guilty, many are not. We can help you level the playing field and get the best results for you. Our goal is to minimize the impact of a DUI charge on your life. Call us today at 888-4-DUI-CLINIC to get you started on your DUI case now.

New Way to Check License Status in Kansas

September 22nd, 2011

Having your license suspended is a very sticky situation. It poses many inconveniences as well as imparts new hassles that were not there before. There is a new addition on the Kansas Department of Revenue’s website that lets drivers check their driver’s license status through their website. This is increasingly helpful because a new law has created a lot of misunderstanding in this area. This law lets people with suspended licenses get a restricted license after 45 days.

The restricted license requires an ignition interlock device for the purpose of driving to and from work. And ignition interlock device is similar to a breathalyzer. It attaches to the inside of the car, and the driver must breathe into it before the car starts. If the driver’s blood alcohol level is above a certain percentage, the car will not start. The device also does periodic breath checks throughout the trip to make sure someone else did not take the test for the driver. Because this feature was added to the website, thousands of people have filed to receive these licenses with ignition interlock devices.

The Department of Revenue is not getting back to people who apply for these restricted licenses immediately. It has taken as long as 45 days for most people to get a lettered response from them. This letter gives them permission to get an interlock device installed as well as provides a section to be filled out and returned to the KDR. This online feature of the website is especially helpful to busy drivers who need their life back. It allows drivers to keep track of where they are in the process to get their license reinstated. You can only get a restricted license if your license was revoked for a DUI charge. This feature is not limited to drivers that live in the state of Kansas. It extends to out of state drives as well. Drivers who are not from Kansas that are charged with a DUI can also check their status online. When someone from another state gets a DUI in Kansas, a Kansas driver’s license number is created for that person. This information can be found through contact with the Kansas Department of Revenue.

At The DUI Clinic, we like to say that friends don’t let friends plead guilty. While many people who have been charged with a DUI are proven guilty, many are not. We can help you level the playing field and get the best results for you. Our goal is to minimize the impact of a DUI charge on your life. Call us today at 888-4-DUI-CLINIC to get you started on your DUI case now.

New DUI Laws and How They Affect You

September 20th, 2011

New Kansas DUI laws were made effective on July 1 of 2011. Many changes have been made that people need to be aware of.

The first is that if you refuse to take a breath, blood or urine test to determine your blood alcohol level, you may face up to a year suspension of your driver’s license and the requirement of a ignition interlock device to be installed. If you take a breath test and the results are anywhere from .08 to .15, this being your first offence, you face a 30-day license suspension. Also you must install an ignition interlock device. The device must be used for 6 months. If this is not your first offence, you may be forced to keep the interlock device for a year.

If your breath test results exceed .15, then you are possibly facing 1-year suspension of your license and the installation of an ignition interlock device once your license is reinstated. If this happens to you, and you need to drive to work or school, you can receive a restricted license after 45 days if you agree to the terms of the interlock device. This also can be used to the advantage of people who had their license suspended before the law was put into effect. The fines for DUIs are increasing by $250.

Another alteration to the law is that rehab in no longer an option to jail time for the second DUI and the ones that follow. The third DUI will be tried as a misdemeanor if there are no previous DUIs over the course of the past ten years. If there are other DUI convictions in the past ten years, it is tried as a felony.

If you are arrested for a fourth DUI, it is considered a felony and you face a minimum of $2,500 in fines, 3 days in jail as well as work release and house arrest. DUI convictions before 2001 are not looked at as previous convictions. After ten years, a DUI may be taken off your record. This all sounds complicated, but it is accurate. Time will tell how the Kansas Department of Revenue will handle cases that were done before the new laws regarding old suspensions and the installation of interlock devices.

At The DUI Clinic, we like to say that friends don’t let friends plead guilty. While many people who have been charged with a DUI are proven guilty, many are not. We can help you level the playing field and get the best results for you. Our goal is to minimize the impact of a DUI charge on your life. Call us today at 888-4-DUI-CLINIC to get you started on your DUI case now.

Inaccuracy of a Breath Test In Kansas Breathalyzer Testing

August 3rd, 2011

Alcohol levels of a driver are often measured by police officers administering a breath test. DUI attorneys have questioned the accuracy of this test for years. Recent studies have proven that a variance in breathing patterns can greatly affect the accuracy of results. The exact time the test is administered in correlation to the time alcohol was consumed more so than amount also greatly affects the results. The influences of variables can either significantly decrease or greatly increase the results of a breath test.

The idea of a police officer administering a breath test on the spot was originally to give an immediate accurate account of a driver’s alcohol level. When stopped drivers respond in different ways. The different emotional responses of drivers can affect the ability of the breath      machine to give an accurate measurement. The response to being stopped can cause tears, shock, hysteria, or even anger, all of which can give a false account of alcohol content when measured through a breath test. Individuals also have difference in normal breathing patterns and rates. Hyperventilating or short shallow breaths could lower test results. Blowing deeply and aggressively or holding your breath prior to exhaling could result in an increased alcohol breath result. Therefore, the events, actions, and emotions at the time a breath alcohol test is administered can affect the accuracy of the results.

At best the results may be a guess or estimate to the actual level of alcohol content. Drivers are often unaware of the variables that affect a breath alcohol test. In retrospect, police officers are well aware of the variances and the how to manipulate the situation to get an in accurate result. Police officers often guide drivers they believe have been drinking by asking them to take a deep breath, hold it, and then blow into the breath test. This will give and increased inaccurate account of breath alcohol content. The officers also do not inform you that your temperature at the time the test is administered also affects the results. If you are ill which could be a reason your driving is skewed can affect and increase the results. On the contrary, if the person has been drinking a cold drink or eating ice the results could be lower than accurate.

Ultimately, the many variables that can affect an alcohol breath results could be beneficial when you meet with an attorney. Everyone is made up emotionally and genetically different. The difference in your reactions, emotional state and physical well being at the time you are stopped and tested for DUI can affect the outcome. Kansas law only requires the individual be administered one breath test when in actuality taking several tests several minutes apart would give a more accurate account of actual alcohol content levels.

If you have been charged with a DUI seek legal counsel in order to understand your options. Contact the DUI Clinic as soon as possible. We will file your driver’s license appeal – whether you hire us or not. At the DUI Clinic we will give your case the personal attention it deserves. Our goal is to help put the DUI/DWI charge behind you quickly, aggressively fighting first time offenses, striving to not let one mistake follow you a lifetime. Call (913)262-4444 or toll free (888)-4-DUI-CLINIC for a free consultation if you have been charged with a drunk driving offense.

Welcome to our Kansas DUI & Missouri DWI Defense Blog

July 6th, 2011

The DUI Clinic Blog – Hottman & Associates

Our Kansas City area law firm is licensed to practice law in both the states of Kansas and Missouri.  Our DUI/DWI attorneys represent clients who have recently been arrested, processed and are facing both administrative and criminal cases  concerning their recent DUI/DWI charge. Our law office offer two conveniently locations and we encourage you to call us for a free initial consultation to understand all of your legal options.

For a free, no obligation consultation regarding your DUI/DWI case, call 1-888-4-DUI-CLINIC at any time.

Our representation of you on your Kansas DUI charge or Missouri DWI charge means that we will fight for you and defend the administrative and criminal charges filed against you.

Step 1. The Administrative Hearing – An attorney from Hottman & Associates will fight to protect your driving rights by providing representation during the administrative portion of the DUI/DWI case that deals with your driver’s license.

Step 2. The Criminal Case – Our law firm will represent you and rigorously defend you at your Kansas DUI or Missouri DWI trial in criminal court. The penalties for a first time or subsequent DUI/DWI are too severe for you to try and represent yourself – call us to discuss your DUI charge today.

For a free, no obligation consultation for a Kansas DUI charge or a Missouri DWI charge, call 1-888-4-DUI-CLINIC.  The call is free and so is the legal advice

Hire an Experienced Attorney Initially When Arrested For A Kansas DUI

July 4th, 2011

Even a misdemeanor accusation can cause problems for a person that may or may not actually be guilty of the crime. Many companies have intense screenings when hiring employees. A prior accusation that was not properly expunged from your record can follow you for years even if you were not convicted of the crime. Even a misdemeanor is a crime goes on your record. There are ways to ensure you are properly given the rights entitled to you under the constitution.

Statistics show many Americans have a criminal record. In fact it is close to one-fourth of all adults have some type of criminal record. Many of them may not even be aware of the fact they have something that shows up with detailed screenings. Companies request that applicants not even apply if they have a criminal record.

A first time DUI charge in the states of Kansas and Missouri is a misdemeanor. When you plead guilty or are found guilty the conviction of a misdemeanor goes on your record. There is a 48 hour jail time that must be served for a first time offender along with a fine of $750.00 dollars. The fines and jail time seem to be enough for a first time offense but the conviction can remain with you for life. Knowing your rights and having an attorney that will fight for you initially are crucial.

DUI charges are a big deal and can cause problems in the future. Do not be misled to believe it’s not going to affect you. Recently changed DUI laws in Kansas do make it viable for a DUI to have a one-time DUI conviction expunged from your record after 10 years. A span of 10 years is a long time when you are trying to find a good job. The best solution is to not drink and drive but once you have been stopped and charged take the imitative to what is the next best thing for you, retain legal counsel that will fight to protect you and your future.

You may not know that if you have been charged with a DUI/DWI, you have 10 days to take administrative action to protect your driver’s license. Contact the DUI Clinic as soon as possible. We will file your driver’s license appeal – whether you hire us or not. At the DUI Clinic we will give your case the personal attention it deserves. Our goal is to help put the DUI/DWI charge behind you quickly, aggressively fighting first time offenses, striving to not let one mistake follow you a lifetime. Call (913) 262-4444 or toll free (888)-4-DUI-CLINIC for a free consultation if you have been charged with a drunk driving offense.

Defense Strategy – Discovering Police Procedural Errors

June 26th, 2011

These are just a few of the mistakes that a police officer may make during an initial or DUI arrest that may form the basis for a valid defense and strengthen your case. An experienced Kansas City DUI attorney will be familiar with these defense strategies and can use this information to negotiate a reduction in charges or to seek acquittal at trial.  If you have been arrested for DUI, you should seek an experienced Kansas City DUI defense attorney who will work to protect your rights and your freedom.

1. Making a roadside stop based on an anonymous phone tip.

If the arresting police officer did not witness you driving the auto in a dangerous manor himself, the witness will be required to appear in court to testify as to what they saw and reported to police.

2. Arrest based mostly or entirely on your statements.

The state prosecutor must be able to prove, with eye witness testimony, that you had been driving under the influence (DUI).

3. Stop without probable cause.

There must be a legitimate reason for you to be pulled over by police.  The officer must explain in detail what illegal activity the officer suspected you to be doing necessitating the stop.

4. Pulling you over for driving too slow or stopping in the middle of the road.

These are not unlawful or are legitimate reasons for a road stop.

5. Weaving within a lane.

6. Administering the field sobriety tests incorrectly.8. Administering the one-legged stand test incorrectly.

7.  Administering Field Sobriety tests to someone who is not a candidate to take these tests.

Someone with medical conditions, like a foot or back problem should not take the field test.

Call us today if you have been arrested for a DUI in Kansas City. We can help, call today.