DUI Lawyer Overland Park
Defending Those Who Have Been Charged With A DUI in Kansas
When it comes to a driving under the influence arrest, a fun night out with friends can quickly turn into a nightmare.
A DUI charge is a serious matter, and it carries serious consequences. Not only will you face the potential loss of your driver's license and heavy fines, but you could also wind up behind bars. The good news is that simply being arrested for DUI doesn't mean that you will be convicted.
With the right Overland Park DUI defense lawyer, you have the chance to prevail at your trial and avoid a conviction entirely. It is no surprise, then, that your choice of legal defense counsel is an important one.
Choosing a skilled DUI attorney can significantly impact the outcome of your legal proceedings. By understanding the intricacies of the local law and examining the specifics of your case, they can find potential points of defense that might have been overlooked. This could include challenging the validity of the evidence, questioning the legality of the traffic stop, or finding procedural errors that could work in your favor.
Standardized Field Sobriety Test Practitioner
Attorney Adam D. Stolte has been qualified by NHTSA to conduct the Standardized Field Sobriety Tests. These are the same tests the officer asked you to take on the side of the road, including the Horizontal Gaze Nystagmus Test (Pen test), Walk and Turn, and One Leg Stand.
With this training, Stolte Law knows exactly what the officers know - and he knows how they were trained to do it. If the officer made an error while conducting the tests, it could have a major impact on the results, and Stolte Law will find it.
Field sobriety tests are often misadministered, leading to false positives that can unjustly influence the outcome of a case. By knowing the exact protocol required by the NHTSA, Attorney Stolte can pinpoint where deviations occurred, providing a robust defense for clients. It’s this level of scrutiny and understanding of the tests that can make a pivotal difference in a DUI defense strategy.
Advanced Roadside Impaired Driving Enforcement Practitioner
Attorney Adam D. Stolte has also been qualified by NHTSA under the 2018 ARIDE training curriculum. This is the exact training course police officers go through to learn how to recognize certain signs and symptoms of drug impairment.
The course teaches participants how officers are trained to administer and interpret the Modified Romberg Balance test and the Lack of Convergence test. This relatively new training gives Stolte Law an advantage over other DUI attorneys in the Overland Park and Kansas City area.
Understanding the nuances of these specialized tests allows Stolte Law to critically evaluate the validity of charges stemming from such assessments. The training equips Adam Stolte with the insights to discern the subtle errors that could occur during administration, which could lead to questionable results. This positions him to craft a defense that not only challenges the results of these tests but also questions their applicability in each specific scenario.
Recognized by The National College of DUI Defense
The National College of DUI Defense recently awarded Attorney Adam D. Stolte with one of five national awards for his "creative, thoughtful, intellectual, and ethical" work in DUI defense. NCDD invited Adam to Harvard Law School for the annual conference to receive the honor.
If you are facing an Overland Park DUI charge, Stolte Law, LLC may be able to help. Attorney Adam D. Stolte has an extensive track record of fighting DUI cases in Overland Park court, even arguing before the KS Court of Appeals.
To discuss your situation with an experienced Overland Park DUI lawyer, contact Stolte Law, LLC today.
Distinguished recognition such as this not only highlights Adam Stolte’s commitment to DUI defense but also signals trust to prospective clients seeking representation. His participation in high-profile conferences like those hosted at Harvard Law School underscores his dedication to staying at the forefront of effective defense strategies, which can be crucial in navigating the complexities of DUI law.
Have you been arrested for a DUI in Kansas City or Overland Park? Call Stolte Law, LLC, today at (913) 270-0497 or contact us onlineto schedule a consultation with our DUI attorney in Overland Park.
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AWARDS & PROFESSIONAL AFFILIATIONS
ADAM D. STOLTE FOUNDING ATTORNEY
ATTORNEY STOLTE WILL WORK CLOSELY WITH YOU TO ENSURE YOU UNDERSTAND WHAT YOUR CHARGES MEAN, WHAT POTENTIAL OUTCOMES YOU COULD FACE, AND WHAT YOUR LEGAL OPTIONS ARE. DELIVERING PERSONALIZED ATTENTION AND LEVERAGING HIS INTELLIGENCE AND CREATIVITY, HE WILL SEEK TO OBTAIN A NONRESTRICTIVE OR THE LEAST-RESTRICTIVE RESULT FOR YOU.
AREAS OF PRACTICE
HANDLING A VARIETY OF CASES
- Criminal Defense
- DUI Defense
- Drug Charges
- Domestic Battery
- Post Conviction Remedies
- Juvenile DUI
- DUI Appeals
- DUI License Help
- Secondary DUI Offenses
- DUI Expungements
- Prescription Drug DUI
- 4th Time DUI
- 3rd Time DUI
- 2nd Time DUI
- 1st Time DUI
- Assault & Battery
- First Time Charged with a Crime
- Misdemeanors
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Criminal Defense -
DUI Defense
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Drug Charges
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Domestic Battery
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Post Conviction Remedies
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Juvenile DUI
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DUI Appeals
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DUI License Help
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Secondary DUI Offenses
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DUI Expungements
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Prescription Drug DUI
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4th Time DUI
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3rd Time DUI
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2nd Time DUI
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1st Time DUI
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Assault & Battery
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First Time Charged with a Crime
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Misdemeanors
What Are the DUI Laws in Kansas?
Generally speaking, Kansas law outlaws driving while intoxicated by drugs or alcohol. However, the Kansas statute is more specific than that.
There are five different circumstances that rise to the level of DUI when driving in Kansas:
- When the driver has a blood alcohol concentration (BAC) of .08 or more
- When a person has a BAC of .08 or more within three hours of driving
- When the driver is incapable of driving due to alcohol consumption
- When the driver is incapable of driving due to drug consumption
- When the driver is incapable of driving due to a combination of drugs and alcohol consumption
If you meet one of the five conditions mentioned above, you can be convicted of a Kansas DUI.
Kansas Implied Consent Law
If you are pulled over in Overland Park, and the officer suspects you of driving while intoxicated, you will likely be asked to submit to a breath, blood, or urine test to determine your BAC.
Under Kansas law, any person operating a vehicle in the state is deemed to have consented to give a sample upon request. You have the right to refuse the test, but because of the implied consent law, you will likely face additional charges.
DUI Penalties in Kansas
The potential penalties for a DUI conviction in Kansas can be severe, even for first-time offenders. The sentence you may face for a DUI will vary depending on the number of previous DUI convictions. With enough prior convictions, you could spend decades behind bars. The potential jail time and fines can vary significantly, but every conviction carries the possibility of additional costs like court costs, probation fees, drug and alcohol evaluation fees, license renewal fees, and classes on drunk driving.
Being charged with a DUI in Kansas can have serious consequences, including fines, license suspension, and even jail time. It's important to understand the potential penalties you may face and how a DUI defense attorney can help mitigate these consequences.
Penalties for a DUI in Kansas may include:
- First offense: Up to 6 months in jail, fines up to $1,000, and a 30-day license suspension
- Second offense: Up to 1 year in jail, fines up to $1,500, and a 1-year license suspension
- Third offense: Up to 1 year in jail, fines up to $2,500, and a 1-year license suspension
Our experienced DUI defense team at Stolte Law, LLC can help you understand your rights, navigate the legal process, and work towards minimizing the impact of a DUI charge on your life. Contact us today for a free consultation.
Comprehensive Legal Support for DUI Arrests
Each DUI arrest results in two cases: criminal and administrative. In a criminal case, the prosecution is seeking to prove that you are guilty of driving under the influence. If found guilty, you will be convicted and receive criminal sentencing. The administrative case, on the other hand, is handled by the Kansas Department of Revenue Division of Vehicles, which has the authority to suspend your license.
Potential consequences following a DUI arrest in Kansas include:
- Criminal DUI charges—A conviction for DUI will result in spending between 48 hours to one year in jail. The fine range for DUI is $750 to $2500. Other penalties include court costs and fees, probation monitoring fees, drug & alcohol evaluations, urinalysis testing, and drunk driving classes.
- Driver’s license hearings—Your ability to drive is also at risk because of a DUI arrest. If you do not act within 14 days of the arrest, your license will be automatically suspended. To protect your license, you must request an administrative hearing with the Kansas Department of Revenue. An experienced DUI defense attorney can give you a fighting chance to leave the administrative hearing with the license intact.
You have to be proactive in both types of DUI cases for the best outcome possible. Trust our firm to keep you out of jail and on the road.
Will My Driver’s License Be Suspended After a DUI?
As mentioned above, you will also face a suspension of your driving privileges upon conviction for DUI. The potential suspensions vary depending on your blood alcohol concentration (BAC) at the time you were arrested, as well as if you have previously been convicted of DUI.
Understanding your rights in the context of Kansas DUI laws can significantly aid in mounting an effective defense. It's crucial to comprehend how both criminal and administrative proceedings will affect your life and to navigate these proceedings adeptly. Our firm dedicates itself to ensuring that every client is thoroughly informed and prepares for every aspect of their case with the utmost diligence.
How Long Will My License Be Suspended?
For a first-time DUI conviction, your license will be suspended for 30 days.
Once the suspension is up, you will be required to install an ignition interlock device for the six months following your suspension. This suspension is even steeper if your BAC was .15 or above. With each conviction, the length of the suspension and restricted license period grows.
The maximum suspension, which occurs on fifth and subsequent convictions, is for one year, with a 10-year interlock device requirement after the suspension is lifted.
Additional Offenses When Charged with a DUI
During a DUI stop, officers may find probable cause to charge you with additional offenses. As with the original DUI charge, these additional offenses must meet constitutional muster.
Many times, errors made while conducting the DUI stop will impact the other charges.
It is essential to recognize that these additional charges carry their own penalties and complications, which can further complicate your legal situation. By addressing both the DUI and any accompanying charges, our team at Stolte Law aims to provide comprehensive defense strategies that consider the entirety of your circumstances, offering you greater peace of mind and the best chance at a favorable outcome.
- Possession of a firearm while intoxicated.
- Driver's license & Insurance issues
- Possession of controlled substances or paraphernalia
- Open Container
- Endangering a child
- Minor in possession
Common DUI Defense
While being arrested for a DUI can certainly be distressing, it does not necessarily mean you will be convicted. There are several strategies that may be employed to defend the charges against you. When it comes to defending a DUI case, most successful defenses can be classified into one of two types:
- Challenges to the Stop - The police can't stop you any time they like. If you were pulled over illegally, any evidence collected during your traffic stop can't be used against you.
- Challenges to the Test - Even if the traffic stop was legal, the chemical tests used against you may be thrown out as evidence if the sample was mishandled or if the testing was not done properly.
Preparing a successful case against DUI charges begins with conducting a careful investigation of your case. Attorney Stolte is adept at finding nuances of DUI cases that can be used to get his clients' charges dropped.
When you work with Stolte Law, LLC, you can be confident that everything that can be done to fight your charges is being done.
Employing a meticulous approach to examine every aspect of your stop and subsequent arrest allows Attorney Stolte to uncover any inconsistencies or violations of your rights. This detail-oriented strategy is instrumental in building a strong defense, often leading to the mitigation or dismissal of charges, ensuring that each client receives a fair trial.
Contact Our DUI Attorney in Overland Park Today
If you're facing DUI charges, it's important to have an experienced criminal defense lawyer on your side who will protect your rights and work towards the best possible outcome for your situation.
Our Overland Park criminal defense lawyers are here to help you navigate the complexities of the criminal justice system and defend your rights.
Contact us today to request a consultation and learn more about how Stolte Law, LLC, can help you with your DUI case.
Seeking the guidance of an attorney skilled in DUI defense can make a crucial difference in the trajectory of your case. With a firm grasp of the local legal landscape and a proven track record in handling complex DUI situations, Stolte Law, LLC provides the personalized attention necessary to effectively address all aspects of your DUI charges.
Frequently Asked Questions About DUI & DWI in Overland Park
What Should I Do If I'm Pulled Over for a Suspected DUI?
Being pulled over on suspicion of DUI can be a stressful experience. If you find yourself in this situation, it's important to remain calm and follow some crucial steps to protect your rights. First, pull over safely and comply with the officer's instructions without admitting guilt or providing unnecessary information. You have the right to remain silent, and it is often in your best interest to exercise this right politely. Remember to provide your license, registration, and proof of insurance if requested. Avoid making sudden movements or displaying aggressive behavior. Agents professionally administer field sobriety tests, so it is within your rights to refuse these tests politely; however, refusal might have legal and administrative consequences including license suspension. Knowing these steps and contacting a DUI lawyer immediately after can significantly influence how your case unfolds.
How Can a DUI Conviction Affect My Life in Overland Park?
A DUI conviction in Overland Park can have far-reaching consequences that impact various aspects of your personal and professional life. Beyond the immediate legal penalties such as fines and imprisonment, a DUI conviction can lead to the suspension or revocation of your driver's license, which might disrupt your daily living arrangements, especially if you rely on your vehicle for work or family commitments. Employment opportunities may also be affected, as some employers have strict policies against hiring individuals with such records. Additionally, insurance premiums often increase significantly after a DUI conviction, placing a further financial burden on individuals. The ripple effects can extend to personal relationships and mental well-being as the stress and stigma of a conviction weigh heavily on individuals. Hence, it's essential to promptly seek legal advice to mitigate these impacts.
What Are the DUI Checkpoints Laws in Overland Park?
In Overland Park, DUI checkpoints are conducted as part of routine law enforcement efforts to identify and deter impaired driving. These checkpoints must comply with specific legal standards to ensure they do not violate constitutional rights. While law enforcement agencies are permitted to set up these checkpoints, they must adhere to guidelines concerning their operation, such as reasonable notice to the public and specifying the location and timing of the checkpoint. Drivers passing through these checkpoints should expect brief stops where officers may assess signs of intoxication. Understanding your rights during these stops is crucial; you are obligated to comply with the checkpoint's procedural requirements but maintain the right to avoid any self-incrimination. Calling an attorney at the earliest can help navigate any legal implications that might arise from a DUI checkpoint stop.
Can I Fight a DUI Charge in Overland Park?
Fighting a DUI charge in Overland Park is not only possible but advisable given the substantial implications a conviction may entail. An experienced DUI attorney can evaluate the circumstances leading to your arrest to identify procedural errors or constitutional violations. They will examine evidence such as breathalyzer results, field sobriety test procedures, and police conduct during your arrest. These thorough reviews can uncover defenses that challenge the prosecution's case or negotiate more favorable terms. With a well-constructed defense strategy, you stand a chance of reducing charges or penalties and, in some cases, achieving an acquittal. It's essential to act swiftly and engage legal counsel to explore all possible avenues to address the charges effectively.
What Are the Requirements for an Ignition Interlock Device in Kansas?
Following a DUI conviction in Kansas, offenders are often required to install an ignition interlock device (IID) as a condition for reinstating their driving privileges. The IID is a breath-analysis device connected to the vehicle's ignition system; it prevents the vehicle from starting if alcohol is detected in the driver's breath. Offenders must cover the cost of installation and any monthly fees associated with the device's maintenance. Usually, the duration for which an IID is required depends on factors such as the offender's blood alcohol concentration at the time of the arrest and any prior DUI convictions. Having an IID is crucial as it provides an opportunity for individuals to retain their mobility while ensuring compliance with the state's focus on preventing repeat offenses. Consulting a legal advisor can help you understand the specifics of adhering to IID requirements and ensure you satisfy all legal obligations effectively.
Contact Stolte Law, LLC, online or call (913) 270-0497 today to get started on your defense with our Overland Park DUI lawyer.
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Dismissed Ready for Trial, DUI Dismissed
"Judge, we are ready for jury trial." That can be a frightening phrase for my clients. But, it also holds the prosecutor's feet to the fire. In this case, it forced them to dismiss the DUI charges against my client.
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Motion To Suppress, DUI Dismissed
“Somebody may beat me, but they are going to have to bleed to do it.” - Prefontaine. We love this quote. Make the prosecutor work in one case, and they'll be more agreeable to a favorable disposition in another. This is why Stolte Law has an extensive pretrial motions practice.
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Reversed on Appeal Double Murder Conviction
Finding the actions to be more than mere error and extremely prejudicial to the defendant, the Kansas Supreme Court reversed two murder convictions and remanded the case for a new trial.
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Case Dismissed Domestic Violence Case Dismissed
At the end of the day, we were able to help our client’s wife avoid charges and get the case against Mr. S dismissed.
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Reversed on Appeal Battery on Police Officer
Because the State could not prove that the instructions were harmless beyond a reasonable doubt, the charges were reversed.
NOTABLE CASE RESULTS
ALWAYS FIGHTING FOR THE BEST POSSIBLE OUTCOME
- Ready for Trial, DUI Dismissed
- Motion To Suppress, DUI Dismissed
- Double Murder Conviction
- Domestic Violence Case Dismissed
- Battery on Police Officer
