When you get arrested for driving under the influence in Kansas City, the events that follow in the next little time can be a blur. It’s probably have no idea what will happen. This page will take you through it, starting from getting stopped to possible outcomes.
What to Expect When You’re Stopped
Police normally stop you for weaving, speeding, or running a red light. If they think you’ve been drinking, they’ll question you. They’ll give you field tests. They test your balance, focus, and to see if you can hear what they’re saying. You’ll be arrested if you don’t pass.
The Arrest and Booking Process
Police officers arrest you when they stop you. They book you on site. They will:
- Take your picture.
- Obtain your prints.
- Take a record of personal data.
You can be held in jail until you see a judge. You can bail out and be home sooner sometimes. Always tell the police you want to have an attorney speak with you before you respond to questions.
Chemical Tests
Kansas is an implied consent state. In other words, if you are driving, you agree to a breath test, blood test, or urine test. Refusal leads to license suspension. Not passing an examination can lead to a charge.
Your First Court Date
You’ll appear in front of a judge shortly after you’ve been arrested. This is called an arraignment. The judge will read you your charges. You’ll plead one of three pleas: guilty, no contest, or not guilty. Your lawyer can guide you through this.
Suspension of Driver’s License
License suspensions are dealt with by the Department of Revenue. An arrest for DUI will typically mean two cases are opened:
- Criminal case: Heard in court.
- Administrative case: Heard by the state.
Blowing, your license will be suspended for a minimum of 30 days. Refusal to take a test will lead to suspensions of greater lengths. You will need to be speedy enough to ask for a hearing in order to challenge the suspension.
Contact Sanctions
Sanctions differ depending on many factors:
- Your blood alcohol content (BAC).
- DUI conviction background.
- Whether or not damage was caused by your actions.
On first offense, you can obtain:
- Six months or less of jail time.
- $1,000 or less fine.
- License suspension.
- Alcohol education.
- Ignition interlock device use.
If you have a previous conviction for DUI, you will receive harsher punishment for the offense.
Work of Your DUI Attorney
A good Kansas City DUI attorney will:
- Read police reports.
- Explain whether or not the stop was legal.
- Look for testing errors.
- Try to limit or dismiss charges.
Having representation by an experienced traffic defense lawyer in Kansas City can make things easier and facilitate your chances of getting a fair result.
Building a Defense
Your lawyer will refute:
- The reason for the traffic stop.
- Legality of the breath or blood test.
- Field sobriety tests were given how.
Police mistakes sometimes get charges dismissed.
Pretrial Motions
Lawyers make motions prior to trial. These can ask the judge to suppress evidence. For example, if the officer had no valid reason for stopping you, the judge can suppress all the evidence obtained during the stop.
Plea Deals
Not all DUI cases are prosecuted. Sometimes the prosecutor will make you an offer. You might be able to plea down to a lesser charge. Your attorney can counsel you as to whether or not that is a good idea.
DUI Trials
If you refuse a plea bargain, your case will be prosecuted. A judge or jury will listen to witnesses and determine you guilty or not guilty. Your lawyer will advocate for you, question witnesses, and defend you.
After Conviction
You will be sentenced if you are declared guilty. You will also have to:
- Perform community service.
- Attend a victim impact panel.
- Install an ignition interlock device.
Your lawyer will tell you what to expect and guide you through the process.
Expungement
Certain DUI convictions can be expunged by a specified period. That is, it is not publicly available. Expungement can help you obtain employment or housing. Your lawyer can advise you as to whether you are eligible.
Long-Term Effects
A DUI will affect most areas of life:
- Auto insurance costs could be more.
- You could lose some forms of work.
- Your reputation can haunt you for decades.
Taking early action to defend yourself against allegations can save your future.
Selecting the Best Lawyer
Get a lawyer who:
- Is a DUI defense expert.
- Is familiar with Kansas City courts.
- Gives you straight-up advice.
- Listen to your concerns.
A good lawyer can make this difficult time easy.
Your Next Steps
If you’re being arrested for a DUI, don’t wait. Contact Kansas City DUI attorney today. The quicker the call, the quicker your rights can be safeguarded and the stronger your defense can be established.
Kansas City DUI Arrest FAQs
1. Can I refuse a breath test in Kansas City?
Yes, but you’re severely punished for it. At least your license will be suspended for one year. You can still be found guilty of DUI, too. It’s better to discuss it with an attorney first before you make a decision.
2. Will my license be revoked the moment I am arrested for DUI?
If you fail or pass an exam, your license is suspended. You are given a temporary permit for 14 days. In case you want to contest suspension, you must request a hearing within the 14 days.
3. Do I have to be jailed on my first DUI?
Jail is not always the result, but it can be. Probation, fines, or community service is typically given to first-time offenders, though. A lawyer can keep you out of jail.
4. How long will a DUI stay on my record in Kansas?
A DUI stays on your criminal record until you get it expunged. To get it expunged, you wait for a few years and are eligible.
5. Can a DUI be dismissed?
Yes, sometimes. Police may have made a mistake or not have had enough evidence, and the case would be dismissed. A lawyer will look for mistakes that will have charges dismissed.
Call a Kansas City DUI Attorney Today
Getting arrested for a DUI is frightening. You do not have to go through it alone. A seasoned Kansas City DUI attorney will guide you through it, safeguard your rights, and bargain for your optimal outcome. If you need help, call today to schedule a complimentary consultation. Get answers to your questions and learn how to continue with confidence.
