Driving Under the Influence
Aggressive DUI Defense in Kansas City, MO and Overland Park, KS
Being arrested for drunk driving can be one of the most terrifying experiences of your life. You may not know what lies ahead for you or who you should turn to for legal representation. At the offices of Paul W. Burmaster, PA, we understand your distress and are prepared to answer any questions you may have. Our firm has represented countless clients facing charges similar to yours and can provide the aggressive representation you need.
Attorney Paul W. Burmaster is an exceptionally experienced and skilled Kansas City DUI lawyer. Over the past two decades, he has represented clients in more than 40 jury trials and more than 300 bench trials. As a member of both the National College for DUI Defense and a graduate of the National Criminal Defense College, his skills and understanding of DUI defense strategies are constantly improving. Call our firm today to engage in a complimentary consultation. We would love to review your case and tell you exactly how we can handle any of the following DUI cases and aspects of arrests, investigations, and criminal defense.
Defense Cases and Related Factors Handled by Our Firm
Administrative License Hearings
Drunk driving arrests will result not only in a criminal case but also in an administrative case. You will need to retain a skilled lawyer and file a request for an administrative hearing immediately after your arrest in order to prevent your driver's license from being suspended. That's right -- you must request a hearing or you won't get one. If you fail to request a hearing, you will automatically be suspended. In Kansas, you have 14 days to request a hearing. In Missouri, you have 15 days, unless you refuse the breath or blood test. If you refuse, you waive your right to the first hearing and you must appeal within 30 days. In Jackson or Clay County, first time offenders who refuse may be eligible to have the action against their license dismissed. Contact us now to see if Paul W. Burmaster Kansas City DUI attorney can help you.
Breath & Blood Tests
Breathalyzers and blood tests can have faulty results. This could be due to a machine that was not calibrated properly, contamination of the blood sample, and other errors. Demanding the BAC test results, the breath test records, and/ or the blood reports can be critical to defending your case. Let Paul W. Burmaster show you how he can work to ensure that your results are accurate or that false results are discredited.
Driver's License Suspension
The government gets two shots at your license. Unless you request and win an administrative license hearing, your license will be suspended after your DUI arrest. Your license will also be suspended if you lose your criminal DUI case. It is critical that you hire an attorney that is experienced in fighting both of these cases.
Drunk driving is one of the most prosecuted causes of motor vehicle accidents in the Kansas City metropolitan area. According to the police, it can take as little as two drinks to make a person incapable of driving safely, resulting in erratic driving and a serious crash. The truth is a lot more complicated. There are many reasons for serious crashes including speeding, disobeying red lights, and especially distracted driving caused by texting and driving. If you are charged with an accident alleging alcohol use, you should call an experienced DUI attorney now.
The criminal penalties for a DUI conviction include mandatory jail time and high fines. There are also administrative penalties, such as driver's license suspension and points on your driving record.
A third or subsequent DUI conviction is a felony offense. This means that you could face prison time in the State Penitentiary in Missouri and a long County jail sentence in Kansas, and your fines will be much higher. You also face a driver's license suspension that lasts for years. Felony DUI charges are serious, and you will need serious experienced help.
Field Sobriety Tests
The horizontal gaze nystagmus (HGN), walk-and-turn (WAT), and one-leg stand (OLS) are three standardized field sobriety tests used by highway patrolmen and other police officers to determine whether or not a person is intoxicated and whether there is probable cause for an arrest. The results of these tests can be affected by an injury, a medical condition, fatigue, intimidation, or many other reasons. Make sure you fight a wrongful arrest due to faulty test results.
Even a first DUI offense can incur a fine and time in jail. In Kansas, the minimum fine on a first offense is no less than a $750 and a jail sentence with a minimum of 2 days and a maximum of 6 months. In Missouri, the minimum sentence is also 2 days with a maximum of 6 months, but the fine is often less than in Kansas. Jail time can usually be avoided on a first offense, or even a second, with the help of an experienced Kansas City DUI attorney. Learn more by consulting with a DUI attorney as soon as possible.
Hit and Run
When an intoxicated driver causes an accident and leaves the scene, they can face additional criminal charges. The first is driving under the influence, and the others include leaving the scene of an accident, reckless driving, and even aggravated battery or agg assault. These extra charges mean that the criminal penalties can be compounded with higher fines and even years in prison.
Kansas DUI Laws
In Kansas, you have two things going on with every DUI: the DUI charge itself and the administrative license hearing. On the DUI, you are given a court date by the officer when he gives you the ticket or notice to appear. On the license hearing, you don't get a hearing unless you request one and pay $50 for the hearing. (Look on the back of the Pink form the officer gave you). In Kansas, DUI laws require a driver to request an administrative hearing within 14 days of your arrest or you waive your right to a hearing and get automatically suspended. Penalties for a DUI conviction include fines, suspension, and a mandatory minimum jail sentence that starts with 2 days for a first offense. DUI laws are complicated. Contact a trusted and experienced DUI attorney now. Paul W. Burmaster will be happy to talk to you for free.
Missouri DUI Laws
Drunk driving convictions in Missouri can incur high fines and time in jail or prison. Additionally, if you take a breath test, you must request an administrative license hearing within 15 days of your arrest to get a hearing to fight for your driving privileges. You have 30 days to petition for a hearing if you refuse a test. If you want a chance to keep your drivers license, contact an experienced Kansas City DUI attorney today.
Multiple DUI Charges
For each DUI conviction you receive, the penalties are compounded or increased. The fines go up and the jail time, or prison time, increases. For example, in Missouri, a fourth conviction could land you in the State prison for 7 years. You could also face a prison sentence of 15 years if you are deemed to be a chronic offender.
Under 21 DUI
An underage person could be charged with DUI for driving with a blood alcohol content of 0.02% or higher. It is also illegal for an underage individual to be publicly intoxicated, to be in possession of alcohol, or to consume alcohol. Minor in possession or minor in consumption are being charged more and more frequently as the police are cracking down.
Accidentally causing the death of another individual while being intoxicated behind the wheel can incur serious penalties. This offense is a felony and could land you in prison for years.
The office of Paul W. Burmaster defends individuals facing DUI charges, as well as any other criminal charges. Contact us today to learn how we can defend you from any kind of criminal conviction.
Have you been charged with a drug crime in Kansas or Missouri? Our firm provides aggressive and effective defense for DUI as well as drug crime charges, including: Marijuana, Meth, Cocaine, Xanax, and other prescription medications. Call today to discuss your legal options and start building your defense strategy.
Contact Our Firm Today
Attorney Paul W. Burmaster works personally with each client, studies the details of each case, and offers as many legal choices as possible. He is also a recipient of the 2012 Clients' Choice Award with Avvo® and formerly served as a prosecutor in both Missouri and Kansas. Contact the firm today to speak directly with lawyer Paul W. Burmaster about your options and your defense. We utilize unique strategies to fight for our clients and work tirelessly until the best possible outcome has been achieved. Your initial case evaluation is absolutely free, so contact our firm right away to get started.