Posts Tagged ‘Kansas City DUI lawyer’

What Are Field Sobriety Tests?

Friday, 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

Wednesday, 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

Wednesday, 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

Tuesday, 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 DUI Laws and How They Affect You

Tuesday, 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.

Legal Standard for Breathalyzer Test

Monday, June 6th, 2011

Legal Standard for Breathalyzer Test: The officer must have “reasonable suspicion” that a driver is intoxicated to request a Breathalyzer test.  If you were stopped for having a taillight out and did not admit having anything to drink, the officer must develop evidence to justify a Breathalyzer test.  You have the absolute right to decline to perform field sobriety tests and should politely do so.  They are subject to the officer’s subjective judgment, and the officer has typically already determined that he believes you are under the influence.  The only purpose of the field sobriety test is to develop “probable cause” to support a DUI arrest.  This means if the officer did not observe you driving erratically, did not observe any specific signs of intoxication, such as, red eyes, slurred speech, the smell of alcohol, etc and you refuse field sobriety testing, the officer probably lacks probable cause to conduct a breath test.  If the officer directs you to take a breath test anyway, your attorney can seek to have the breath test results suppressed.

A Law Firm Focusing on DUI Defense

The DUI Clinic is committed to defending people who have been charged with a DUI offense. Our lawyers have represented people in the entire Kansas City metro area and throughout the states of Kansas and Missouri for more than more than 15 years. Our extensive knowledge of these states’ laws concerning DUI charges and DUI defense has allowed us to seek positive resolutions for countless clients.

Contact The DUI Clinic by calling us at 913-262-4444, toll free at 888-4-DUI-CLINIC.