Facing DUI Charges in Kansas City, Kansas or Missouri
Facing a DUI charge can be a daunting experience, and it often involves two critical hearings. The first one, known as your Driver’s License Hearing, carries significant weight in your case. In Kansas, it must be scheduled within 10 business days of receiving your charges, while in Missouri, you have 15 calendar days.
This hearing is more than just a procedural step; it’s your initial opportunity to safeguard your driver’s license. Losing it can have a profound impact on your daily life. That’s where a skilled DUI lawyer can make all the difference. With the right legal representation, you can navigate this crucial hearing and fight to protect your driving privileges. Don’t underestimate the importance of this first step in your DUI case—it’s your chance to maintain control over your ability to drive. In many cases, failing to schedule a driver’s license hearing after a DUI charge in Kansas can lead to the automatic suspension of your driver’s license. It’s crucial to take immediate action to preserve your driving privileges.
In Kansas City, Missouri, driving under the influence (DUI) or driving while intoxicated (DWI) is a serious offense with significant legal consequences. The legal blood alcohol concentration (BAC) limit is 0.08% for drivers aged 21 and over. Drivers who are under the age of 21 can face arrest if they are found to be operating a vehicle with a blood alcohol concentration (BAC) ranging from 0.02% to 0.08%. DUI encompasses cases where a person operates a motor vehicle while under the influence of alcohol, drugs, or a combination of both, to the extent that their normal faculties are substantially impaired.
If convicted of a DUI/DWI, you may face penalties such as license suspension, fines, mandatory alcohol education programs, probation, and even imprisonment. Repeat offenses or aggravating factors can result in enhanced penalties. Understanding these laws is crucial to mounting a strong defense.
Defending Your Rights: Our DUI Lawyers are Ready to Fight for You
Spradlin Kennedy Law Firm is dedicated to representing individuals facing a wide range of DUI charges in Kansas City. Our experienced team of DUI attorneys is equipped to handle various types of DUI cases and provide strong legal representation including but not limited to:
DUI Involving an Accident: This refers to a DUI offense where the driver is involved in a motor vehicle accident while under the influence of alcohol or drugs. The severity of the accident and any resulting injuries or property damage can impact the potential penalties and consequences.
DUI Involving Drugs: This involves driving under the influence of drugs, including illegal substances, prescription medications, or even over-the-counter medications that impair a person’s ability to safely operate a vehicle.
Driving While Suspended: This charge applies when an individual drives a vehicle while their driver’s license is already suspended or revoked. If a DUI offense is committed while driving with a suspended or revoked license, it can lead to enhanced penalties.
Felony DUI: In certain circumstances, a DUI offense can be charged as a felony. Factors that may elevate a DUI to a felony include multiple prior DUI convictions, serious bodily injury or death caused by the DUI offense, or other aggravating factors. Felony DUI charges carry severe penalties, including potential imprisonment.
First Time DUI: A first-time DUI offense refers to a person’s initial DUI charge without any prior convictions for DUI. While penalties for a first-time DUI may be less severe compared to repeat offenses, they can still result in license suspension, fines, mandatory alcohol education programs, and other consequences.
Multiple DUI: This refers to a DUI offense committed by an individual who has previous DUI convictions on their record. Repeat DUI offenses typically carry more severe penalties than first-time offenses and may lead to longer license suspensions, increased fines, mandatory treatment programs, and possible incarceration.
Leaving the Scene: Leaving the scene of an accident, especially when a DUI is involved, can result in additional charges and consequences. If a driver leaves the scene without providing necessary information or assistance after a DUI-related accident, they may face charges for hit and run or other related offenses.
It’s important to note that the specific penalties and consequences for each of these charges can vary based on the circumstances of the case and the applicable laws in Kansas City. Consulting with a trusted DUI attorney is crucial to understand the potential implications and develop an effective defense strategy tailored to your specific situation.
What To Do When Facing DUI or DWI Charges in Kansas City
Uncertainty about what to do after a DUI is common. Here are the four most crucial steps to take after being charged with a DUI/DWI in Kansas or Missouri:
- Hire an Experienced DUI/DWI Attorney: Acting quickly is critical! Seek immediate legal representation from a knowledgeable DUI/DWI attorney who specializes in handling cases in Kansas or Missouri. They will provide guidance, protect your rights, and build a strong defense strategy on your behalf.
- Understand the Charges and Consequences: Familiarize yourself with the specific charges you are facing and the potential consequences associated with a DUI/DWI conviction in Kansas or Missouri. This will help you make informed decisions and understand the potential impact on your life.
- Preserve Evidence and Document the Incident: Collect and preserve any evidence related to your case, such as police reports, witness statements, and photographs or videos of the incident. Take detailed notes about the events leading up to the arrest, as well as any other relevant information that can assist your attorney in building a solid defense.
- Follow Legal Advice and Fulfill Court Obligations: Listen to the guidance provided by your DUI/DWI attorney and follow their legal advice throughout the process. Attend all court hearings as scheduled and fulfill any court-mandated obligations, such as attending alcohol treatment programs or complying with probation requirements. Compliance demonstrates your commitment to addressing the issue and can positively impact your case.
Kansas City DUI Suspension Hearings
In Kansas City, it is crucial to understand the time-sensitive nature of requesting a hearing after a DWI/DUI arrest. If you do not request a hearing within 15 days of your arrest, you may face automatic license suspension. When your breathalyzer test results exceed the legal limit or if you refuse to take the test, the arresting officer will confiscate your driver’s license and provide you with a 14-day permit in Kansas or a 15-day permit in Missouri. These permits allow you temporary driving privileges while you navigate the process. It is crucial to take immediate action within the given timeframe by requesting a hearing to contest the suspension or revocation of your license. Failure to do so will result in an automatic suspension or revocation of your driving privileges.
Our dedicated DWI and DUI lawyers in Kansas City are here to assist you throughout this process and fight to protect your driving privileges.
Upon your arrest, the clock starts ticking, and time is of the essence. Our experienced attorneys understand the intricacies of the administrative hearing process and the importance of timely action. We will guide you through the necessary steps to request a hearing within the required timeframe, ensuring that your rights are preserved and your case is given the attention it deserves.
By promptly requesting a hearing, you give yourself the opportunity to challenge the impending license suspension. This administrative hearing allows our lawyers to present evidence, challenge the validity of the arrest, and advocate for your ability to retain your driving privileges.
Our DWI and DUI lawyers have a deep understanding of the legal procedures and requirements involved in these administrative hearings. We will diligently prepare your case, gather relevant evidence, and develop a strong argument to support your request for license retention. Our goal is to protect your driving privileges and minimize the disruption to your daily life.
Am I Eligible For a Restricted License or Hardship License in Kansas City?
Obtaining a hardship license can be a viable option for individuals who are facing a license suspension due to a DUI conviction in Kansas City. A hardship license, also known as a restricted license or limited driving privilege, allows individuals to drive under certain circumstances and for specific purposes, despite their license being suspended.
Here are key points to understand about obtaining a hardship license in Kansas City following a DUI conviction:
- Eligibility Criteria: The eligibility criteria for a hardship license may vary depending on the specific laws and regulations in Kansas City. Generally, eligibility is based on factors such as the nature of the DUI offense, prior convictions, completion of required programs or treatments, and compliance with any other court-imposed conditions. Consulting with a knowledgeable DUI attorney in Kansas City can help determine your eligibility for a hardship license based on your individual circumstances.
- Application Process: To obtain a hardship license, you will typically need to follow a specific application process outlined by the Kansas City Department of Revenue or the appropriate licensing authority. This may involve completing an application, providing supporting documentation such as proof of enrollment in alcohol education programs or treatment, and paying any required fees. Your DUI attorney can guide you through the application process and ensure that all necessary paperwork is properly submitted.
- Restrictions and Conditions: If granted a hardship license, you will likely face certain restrictions and conditions on your driving privileges. These may include limitations on the times of day and days of the week you are allowed to drive, specific routes or destinations permitted, and the potential requirement of installing an ignition interlock device (IID) in your vehicle. It is crucial to fully understand and comply with these restrictions to avoid further legal consequences.
- Legal Assistance: Working with an experienced DUI attorney in Kansas City is highly recommended when pursuing a hardship license. They will have in-depth knowledge of the local laws, regulations, and procedures involved in obtaining a hardship license. Your attorney will provide guidance, assist in preparing the necessary documentation, advocate for your case, and increase your chances of obtaining a hardship license successfully.
It’s important to note that the specific requirements and availability of hardship licenses can vary based on the jurisdiction and individual circumstances of your DUI case. Consulting with a qualified DUI attorney in Kansas City will provide you with the most accurate and up-to-date information regarding the possibility of obtaining a hardship license and the steps involved in the process.
What Are the Penalties and Consequences of a DUI in Kansas City?
Being convicted of a DUI/DWI in Kansas City, MO can result in severe consequences and penalties. It’s crucial to understand what you may be facing and the potential impact on your life. Common consequences and penalties for a DUI/DWI conviction may include:
Fines and Financial Consequences- DUI/DWI convictions often come with significant financial penalties. These fines can vary based on factors such as prior convictions and aggravating circumstances. Our attorneys will work to minimize the financial impact on you and explore potential alternatives to hefty fines.
License Suspension- A DUI/DWI conviction can lead to the suspension of your driver’s license. The length of the suspension depends on various factors, such as prior convictions and the specific circumstances of your case. Our attorneys will work to protect your driving privileges and explore options to minimize the impact on your ability to commute and carry out daily activities.
Ignition Interlock Device (IID)- In some cases, a court may require the installation of an IID in your vehicle. This device measures your breath alcohol content before allowing the ignition to start. We can advocate for alternatives to IID requirements or guide you through the process if an IID is mandated.
Probation and Mandatory Education Programs- Depending on the specifics of your case, you may be placed on probation or required to complete mandatory alcohol or drug education programs. Our attorneys will ensure you understand the terms of your probation and guide you through any required programs.
Jail Time- For repeat offenses or cases involving aggravating factors, jail time may be a possibility. We will diligently work to build a strong defense to minimize the risk of incarceration or explore alternative sentencing options.
Drivers under 21 who are discovered with a BAC of 0.02 or greater will face a suspension of their driving privileges for a period of 30 days. Following this initial suspension, they will be subject to an additional 330-day period during which their driving privileges are restricted. These strict measures aim to reinforce the seriousness of underage drinking and driving.
By partnering with our experienced DUI attorneys, you can benefit from their knowledge of the local legal system and their ability to craft a defense strategy aimed at mitigating the potential consequences and achieving the best possible outcome for your case.
What Can You Expect From Our Kansas City DUI Lawyers?
At the Spradlin Kennedy Law Firm, we help Missouri drivers fight DWI charges and Kansas drivers fight DUI charges. In addition to fighting to keep you out of jail, our Kansas City criminal defense lawyers will also request a hearing on your behalf to assist in possibly retaining your driver’s license.
Our esteemed team of DUI lawyers in Kansas City, MO takes great pride in providing exceptional and personalized legal services to our clients. We understand that every DUI case is unique, and we approach each one with the utmost attention and dedication it deserves.
Attorney Dan Kennedy is a former Department of Revenue hearing officer and DWI license suspension enforcer, and he understands how this process works and what is necessary to protect the interests of his clients.
When you choose our DUI attorneys, you can expect to receive individualized support and tailored legal strategies designed to address the specific details of your case. At Spradlin Kennedy, we believe in building strong attorney-client relationships, taking the time to listen to your concerns, and thoroughly understanding your circumstances.
With our extensive experience in DUI defense, we have the knowledge and skills necessary to navigate the complex legal landscape. We stay up-to-date with the latest laws, regulations, and defense strategies to provide you with the most effective representation possible.
Throughout the entire legal process, our team will be by your side, advocating for your rights and working tirelessly to achieve the best possible outcome. Our Kansas City DUI attorneys will conduct a comprehensive analysis of the evidence, challenge any weaknesses in the prosecution’s case, and explore all available legal options to protect your interests. With an impressive track record of successfully defending DUI/DWI cases, our team is dedicated to protecting the rights and interests of our clients.
The Right Defense Strategy For a DUI in Kansas City
If you have been charged with a DUI or DWI, it is important to hire an experienced Kansas City DUI lawyer to help you build a strong defense. There are a number of different strategies that can be used to defend against a DUI charge, and an experienced Kansas City DUI attorney will know which ones are likely to be most effective in your particular case. Our Kansas City DUI & DWI lawyers believe that each person deserves a defense tailored to his or her needs and objectives.
Additionally, every case and fact pattern is unique, and the defense strategy may change based on the circumstances of your case. We may explore options such as questioning the reliability of field sobriety tests or examining the maintenance records and calibration history of breathalyzer devices. By meticulously analyzing the evidence and employing proven defense tactics, we aim to achieve the best possible outcome for your case. Our Kansas City DUI lawyers carefully identify the most appropriate and effective approach for your individual DWI or DUI case.
Field sobriety testing – If there was a problem with your DWI traffic stop or during the administration of a field sobriety test, it could undermine the case and evidence against you. It’s important to remember that field sobriety tests are not foolproof indicators of impairment, and they are subject to interpretation. By challenging the administration, reliability, and interpretation of these tests, our attorneys will seek to weaken the prosecution’s case against you and build a strong defense strategy aimed at achieving a favorable outcome in your DUI/DWI case.
Challenging the Traffic Stop- We will scrutinize the circumstances leading to your traffic stop to ensure that law enforcement had a valid reason to pull you over. If there was no probable cause or if your rights were violated during the stop, we can argue for the suppression of any evidence obtained as a result. Did the police have a valid reason to stop you in the first place? If not, we will work to have the charges against you dropped.
Constitutional Rights Violations- Our attorneys will review the circumstances surrounding your arrest to ensure that your constitutional rights were not violated during the process. If law enforcement conducted an unlawful search or seizure, failed to read you your Miranda rights, or violated any other constitutional protections, we can challenge the admissibility of evidence obtained as a result.
Whatever your particular situation, our skilled DWI lawyers in Kansas City will be able to develop a defense strategy that gives you the best chance of winning your case.
Expunging a DUI/DWI in Kansas City
In Kansas City, as in most other jurisdictions, a DUI or DWI conviction can have major implications that extend far beyond the penalties imposed by the court. A DUI can result in increased insurance rates, difficulty obtaining or renewing a professional license, and even problems finding a job. However, it is possible to have a DWI/DUI expunged from your record under certain circumstances. An experienced DUI attorney in Kansas City can help you determine whether you are eligible to have your DUI record expunged and can assist you in taking the necessary steps to clear your record. If you have been convicted of a DUI, don’t despair – there may be hope for a clean slate.
At Spradlin Kennedy, we recognize the far-reaching impact that DWI charges can have on various aspects of your life. Our dedicated team of Kansas City criminal defense lawyers is wholeheartedly committed to advocating for your rights and ensuring that you receive fair treatment throughout the legal process. Our mission is to safeguard your driving privileges and keep you out of confinement.
With years of expertise in handling DUI cases, our accomplished team is well-equipped to navigate the intricacies of the legal system. We believe that every individual deserves a strong defense, and we are prepared to employ our extensive legal knowledge to protect your interests.
Contact us today to schedule a no-cost consultation. By choosing Spradlin Kennedy, you’re making a decision to have a team of top-tier Kansas City DUI lawyers on your side, advocating for your rights and working diligently to achieve the best possible outcome for your case.
What If I Refuse a Alcohol or Drug Test in Kansas City?
In Missouri, the state’s implied consent law stipulates that as a driver, you are deemed to have given your consent to submit to an alcohol and/or drug test if requested by a law enforcement officer. This means that if you are lawfully stopped by an officer and they have reasonable grounds to suspect you of driving under the influence (DUI), you are obligated to comply with their request for a chemical test.
If you refuse to submit to the requested alcohol and/or drug test, the consequences are significant. Your driving privilege will be revoked for a period of one year. This revocation is separate from any penalties or legal consequences related to a DUI charge itself.
It is important to note that refusing to take a chemical test does not automatically mean you will avoid a DUI charge. Law enforcement officers can still use other evidence, such as observations of impairment, field sobriety tests, or witness testimonies, to pursue a DUI case against you.
It is always advisable to consult with a knowledgeable DUI attorney if you find yourself in a situation where you are facing a DUI charge or dealing with the consequences of refusing a chemical test. Our experienced Kansas City DUI attorneys will provide you with the appropriate legal guidance based on the specifics of your case and help you navigate the complex legal process while protecting your rights and interests.
Kansas City BWI
BWI, which stands for Boating While Intoxicated, refers to operating a boat or watercraft while under the influence of alcohol or drugs. In Kansas City, MO, BWI is taken as seriously as DWI (Driving While Intoxicated) and DUI (Driving Under the Influence) charges. The penalties and consequences associated with BWI can be equally severe.
In Kansas City, MO, the legal blood alcohol concentration (BAC) limit for operating a boat is typically the same as for operating a motor vehicle—0.08%. If a boat operator’s BAC exceeds this limit or if they show signs of impairment due to alcohol or drugs, they can be charged with BWI.
If convicted of BWI, individuals can face similar penalties and consequences as those for DWI and DUI offenses. These may include fines, probation, mandatory alcohol education programs, and even jail time. Repeat BWI offenses or aggravating factors can lead to enhanced penalties.
Just as with DWI and DUI charges, a BWI conviction can result in the suspension of your boating privileges. This means you may be prohibited from operating a boat for a certain period. The length of the suspension can vary depending on the specific circumstances of the case.
In addition to the legal penalties, a BWI conviction can have other collateral consequences. These can include increased insurance rates, a tarnished criminal record, potential difficulty in securing employment or housing, and limitations on certain professional licenses.
If you are facing BWI charges in Kansas City, MO, it is crucial to take them seriously and seek the assistance of a qualified BWI lawyer who can provide guidance, protect your rights, and fight to minimize the potential penalties and consequences associated with your case.
Start Your DUI Defense Today with Spradlin Kennedy
At our firm, personalized service is a commitment we make to each and every client. We understand the impact that a DUI charge can have on your life, and we are dedicated to providing the support, guidance, and aggressive representation you need during this challenging time.
Reach out to the accomplished team of Kansas City DUI attorneys at Spradlin Kennedy without delay. Our experienced legal professionals are here to provide you with a comprehensive understanding of the choices at your disposal.
Facing DWI charges can be a daunting experience, but our primary objective is to diminish the potential negative consequences associated with these charges. Contact our firm here or at 816-384-0180 to schedule a free consultation and discover how our personalized legal representation can make a difference in your DUI case.