Gyllenborg & Brown, P.A., Criminal Defense Attorneys

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Gyllenborg & Brown, P.A. | Criminal Defense Attorneys

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Experienced DUI Defense Attorneys In Overland Park

A DUI conviction may not appear to be a serious issue, but it can have lasting effects on your life, especially after multiple convictions. A conviction can mean losing access to your license, having difficulty gaining employment and facing many other difficulties in addition to legal consequences. If you are facing DUI charges in Kansas, it is crucial to have a skilled legal team on your side.

At Gyllenborg & Brown, P.A., our experienced DUI defense attorneys are committed to protecting your rights and helping you navigate the complexities of DUI cases. We understand the serious implications of a DUI conviction and are dedicated to providing a robust drunk driving defense.

DUI Charges In Kansas

Kansas takes drinking and driving seriously, and the penalties increase with each conviction. Based on the number of previous offenses, your DUI charges can come with increased consequences. To help you understand what is at stake in your case, here is a general breakdown of what your present charges can mean for you:

  • First DUI offense: A first-time DUI offense can lead to fines, mandatory alcohol education programs and possible jail time.
  • Second DUI offense: More convictions mean worse consequences. For a second conviction, you may experience a longer license suspension, larger fines, mandatory community service or even ankle monitoring.
  • Third DUI offense and subsequent offenses: These charges usually include mandatory time in jail and major fines. These charges can also qualify as felony charges, leading to even heavier consequences.
  • Involuntary manslaughter: If your actions result in the death of another person, your involuntary manslaughter charges can result in years in prison and thousands of dollars in fines.
  • Underage DUI: If a minor is charged with driving under the influence, the consequences can be severe. A conviction may lead to license suspension, mandatory alcohol education, heavy fines and time in a juvenile facility. 

Our lawyers recognize the impact any DUI conviction can have on someone’s future, and we are here to do everything in our power to help you minimize or beat your charges.

Penalties For A DUI Conviction In Kansas

A DUI conviction can significantly impact your personal and professional life. One of the most common penalties for these charges is jail time, with the length of the penalty reflecting factors like multiple convictions and the extremity of the charges. These charges also commonly include financial consequences of fines, court costs and fees for mandatory alcohol education programs or treatment. Additionally, the court may impose community service hours, which can disrupt daily schedules and responsibilities.

Anyone facing charges for multiple offenses should expect ankle monitoring to ensure compliance with house arrest or probation terms. There are also collateral consequences to convictions. For example, house arrest or losing your license can threaten your job if it keeps you from making it to work. If your job requires a clean criminal record, any conviction can threaten your income. These convictions can also jeopardize your relationships with friends and family.

How We Challenge DUI Evidence

When charged with DUI, the results of breathalyzer, blood and field sobriety tests are considered by the prosecutor. However, these tests are not foolproof. It is possible to challenge their accuracy and reliability with the help of a skilled drunk driving defense attorney. For minors, where the legal blood alcohol concentration (BAC) limit is lower, even a slight error in testing can affect the outcome.

Several ways these tests can be called into question include:

  • Improper calibration or maintenance: If the device used was not properly serviced, its results may be invalid.
  • Operator error: The person administering the test must be trained and follow specific procedures. Any mistake or deviation from protocol can affect the results.
  • Medical conditions or diet: Certain medical issues, like acid reflux or diabetes, or even a low-carb diet, can produce false positives on breath tests.
  • Contaminated or mishandled samples: With blood tests, improper storage or handling can compromise the accuracy of results.
  • Unreliable field sobriety tests: These tests, such as the walk-and-turn or one-leg stand, are subjective and may be influenced by nervousness, fatigue or uneven ground.

Successfully challenging one or more of these tests could lead to reduced charges or even a full dismissal. 

DUI FAQs

Below are some of the most common concerns that we have encountered.

Can I refuse a breathalyzer test during a DUI stop in Kansas?

Yes, but there are consequences. Kansas is an implied consent state, meaning if you are lawfully arrested for DUI, you are expected to take a breath, blood or urine test. Refusing a test can lead to a one-year license suspension and installation of an ignition interlock device for at least two years, even if you are not convicted.

What should I do after a DUI arrest in Overland Park?

After a DUI arrest, request a hearing with the Kansas Department of Revenue within 14 days to challenge your license suspension. Then, speak with a DUI defense attorney who can review the evidence, explain your options and help protect your rights.

What are the options for expunging a DUI conviction from my record?

You may petition for expungement five years after completing your sentence for a first-time DUI. For a second DUI, the wait is 10 years. Certain conditions must be met, like no new convictions.

Hire An Experienced DUI Lawyer

Facing DUI charges can be overwhelming, but you do not have to navigate this challenging time alone. Hiring a knowledgeable DUI defense attorney from Gyllenborg & Brown, P.A., can help you fight for the ideal outcome in your charges. We are prepared to explore every opportunity to earn the outcome you deserve while providing you with peace of mind and support through every step of your case.

Do not let a drinking and driving charge dictate your future. When you need a strong drunk driving defense, contact our Overland Park office at 913-732-4782 or email us here to schedule your initial consultation today.