A DUI is a serious offense that can have far-ranging consequences on your entire life, not just your driving record. A DUI conviction can result in the loss of your driver’s license, hefty fines, and even imprisonment. It is bad enough if only the impaired driver was involved, but it gets exponentially worse if the DUI involved another vehicle or any property damage. That is why anyone who has been involved in a DUI needs a lawyer to represent them. They need the Law Office of Joel Rook.
Joel Rook has been defending residents of Kansas City for over a decade because he fervently believes that everyone deserves to be treated fairly under the law. That is why he is committed to defending anyone who has been charged with a DUI in Kansas City. A DUI is a serious offense and judges and juries are more than willing to throw the book at anyone charged with one. Joel Rook will provide a zealous, dedicated defense to anyone who has been charged with a DUI. He is the best chance of getting the charges dismissed or significantly reduced. So call Joel Rook first if you get charged with a DUI in Kansas City.
The Penalties For DUI Offenses in Kansas City
There are a variety of different penalties for drivers charged with a DUI in Kansas City. Those penalties vary based on whether the DUI is the first one for the driver, the driver’s blood alcohol content (BAC), and whether the DUI resulted in an accident.
- Class B Misdemeanor
- A maximum of six months imprisonment
- A fine of up to $500
- Two years probation during which the offender must take part in a substance abuse evaluation and treatment program, community service, and/or random alcohol testing
- A thirty-day suspension of driving privileges followed by a sixty-day restricted driving period or a ninety-day period with ignition interlock restrictions
- Class A Misdemeanor
- A maximum of one-year imprisonment. However, ten days in jail must be served if the previous offense was in the last five years
- A fine of up to $1000
- Two years probation with the same conditions as the probation for a first offense
- One year revocation of driving privileges depending on the date of the prior offense. A five-year suspension of the driver’s license if the second offense occurred within five years of the previous one.
Third and Subsequent Offenses
- Up to fifteen years in prison. Up to thirty days or two years must be served depending on the number of previous offenses.
- A fine of up to $5000
- Two to five years probation
- A ten year revocation of the driver’s license
How Can a DWI Lawyer in Kansas City Help You?
The main way that a DUI lawyer can help you is by helping you to avoid conviction. This does not just mean defending the driver in court, it means negotiating a plea bargain with the prosecuting attorney so that the case never ends up in court in the first place. A plea bargain can help the driver avoid the more dire penalties of a DUI charge and help them to avoid jail time if imprisonment is a possibility.
The DUI attorney can bring evidence and witness testimony into doubt in order to try and secure a lesser charge, or even a complete dismissal of all charges. Quite simply, a DUI attorney is invaluable if you want to avoid the worst penalties associated with a DUI charge.
What Kinds of Defense Strategies Will a DUI Attorney in Kansas City Use?
When you get stopped by a police officer because they suspect that you were impaired, you may worry that they have you dead to rights. That is understandable but there are actually quite a few proven methods that an experienced DUI lawyer in Kansas City can use in your defense. Here are some of those methods.
Challenging The Breathalyzer Results
A breathalyzer test is what is used to check the driver’s BAC on the spot. Most take the results of the breathalyzer at face value, but the fact is that it can be an unreliable device. There are many things that can cause a higher than average reading such as residual alcohol in the mouth, a slow metabolism that slows down the rate of alcohol absorption, or even belching or hiccuping right before the test. Even acid reflux disease or heartburn can create false readings. There is also the fact that the breathalyzer may be defective and inaccurate. That is why challenging the results of a breathalyzer test is an effective strategy for a DUI attorney.
Challenging The Result of The Field Sobriety Test
The field sobriety test is when the police officer asks the driver to perform a series of actions in order to test their coordination. As the name suggests, they are used to find out if the driver is impaired or not. However, field sobriety tests are not fool-proof and can result in a false-positive result due to extraneous factors. These factors can be that the test took place in a poorly lit area, on uneven ground, or in slippery conditions. It could also be that the driver is naturally uncoordinated. No matter the reason, it is an effective tactic to challenge the result of a field sobriety test.
Rising Blood Alcohol Level
This is when your BAC was below the legal limit while you were driving but rose above the limit during the BAC test. This can happen because alcohol can take between forty-five minutes and three hours to become fully absorbed by the body. During that time the BAC rises until it hits a peak and then falls again. The peak BAC time varies based on factors like the driver’s weight, the last time they ate, and various other elements.
That means a DUI lawyer can dispute the results of a BAC test by arguing that the driver’s BAC was not above the limit while they were driving. That is a valid argument if there was a significant delay between the time when the driver was pulled over and the test was administered or if the driver’s BAC was barely over the legal limit.
Challenging The BAC Blood Test
A blood test is a more accurate way of measuring the BAC but it too can produce false-positive results. That is because the blood sample can decompose and ferment if it is not properly stored. If that happens, then that could create alcohol in the sample, leading to a false-positive result when it is tested.
Contact an Experienced Lawyer If You Get Charged With a DUI
Considering how grave the consequences of a DUI charge can be, you should contact the Law Office of Joel Rook as soon as you get hit with a DUI. Doing so could mean the difference between facing severe fines, driving penalties, and prison time, or having your driving record remain unblemished. Do not let a DUI charge ruin your life, call Joel Rook and he will come to your defense.