Kansas and Missouri Drunk Driving Lawyer Paul Burmaster answers some frequently asked questions

• Why do I need a lawyer?
• When do I need a lawyer?
• How much should I pay a lawyer?
• My cousin, my neighbor, my co-worker, or some guy I met in jail says I can expect ... What do you think?
• The police officer told me I don't need a lawyer. What do you think?
• Will I get my license back when I go to court?
• Is it true the only way to win the license hearing is if the cop doesn't show up?
• If the machine says I'm guilty there's nothing I can do is there?
• Will a penny or some other object in my mouth affect the breath test?
• Should I just refuse everything?
• Won't they arrest me if I refuse to stand on one leg or do the other tests?

Why do I need a lawyer?
A good attorney can actually save you time, trouble, and money. A DUI is a very serious charge. It can result in jail, fines, the loss of your license and/or job, and thousands of extra dollars in insurance. These can be very complicated cases. Many of my clients are referred by other lawyers because most lawyers are not equipped to deal with these cases. Some people believe they can handle a DUI without a lawyer. This is an extremely bad idea. In some jurisdictions, a driver can go on diversion - an agreement with the state that in exchange for certain actions the state will dismiss criminal charges - without a lawyer. However, diversion may not be your best option. More importantly, it does not resolve the drivers license matter. If you do not request a hearing, or if you appear without counsel, you will likely be suspended and end up paying thousands more in insurance. A good attorney can actually save you time, trouble, and money.

When do I need a lawyer?
You should at least call an attorney as soon as possible. Remember, you are operating under a deadline regarding your license. I will talk to you on the phone and meet with you for a free initial consultation. Call me now. It is well worth your time to understand the law and to have your questions answered.

How much should I pay a lawyer?
Every case is different and the fee should match the time, effort, and expertise an attorney brings to a case. You can find any fee you wish to pay from $200 to $5,000 and more, but you should sit down and talk with a lawyer before you decide. You may find you get more service for more money. You're not buying a toaster here. Your license, your liberty, and a whole lot of money are on the line. Take the time to talk with a lawyer. Call me and I will sit down and talk to you in a free first consultation. When I know more about your case, then I can estimate a fair fee.

My cousin, my neighbor, my co-worker, or some guy I met in jail says I can expect ... What do you think?
We get this a lot. Try to remember that every case is different. Every jurisdiction is a little different. And, the law is very different than it used to be. Don't rely on gossip. Sit down and talk to a knowledgeable and experienced attorney. In 30 minutes, I can give you a good rundown on the law and what your case looks like. Call me, its free.

The police officer told me I don't need a lawyer. What do you think?
I hear this fairly often. Some police don't want you to talk to a lawyer. The reason should be obvious, we make their jobs harder. Often, people will rely on this advice and then call me to complain when their license is suspended. Remember, you have a few days to request a hearing for your drivers license. If the police officer can delay you a few days, then you get suspended and he wins the license matter without a hearing. Don't rely on the advice of the officer who arrested you. He's not in your corner. Call my office immediately!

Will I get my license back when I go to court?
No. The court does not handle the license matter. The license hearing is done by a separate agency. But, you won't get to go to that hearing, or even get a hearing date, if you don't request a hearing in time. Call my office and we will help you request a hearing for your license.

Is it true the only way to win the license hearing is if the cop doesn't show up?
No. There are a lot of ways to win the drivers license hearing. In Missouri, the hearing is conducted over the phone and the officer is not even present. If anyone, even an attorney, tells you that it is impossible to win a license hearing, then you are getting bad advice. We don't win every license hearing, but we win a lot of them. You certainly won't win if you don't try.

If the machine says I'm guilty there's nothing I can do is there?
You would be surprised how often the machine is wrong. There are a number of ways to attack breath machines and you should not just roll over because a machine says you are over the limit. If you have a computer (which you are probably using right now) and if it ever malfunctions (and they all do), then you should know the breath test machines are run by computers and that those computers also break down. Don't roll over. Call my office now.

Will a penny or some other object in my mouth affect the breath test?
This is a myth, and like many myths, it is based in fact. A penny won't affect the breath test machine, but any object in a person's mouth may show that the officer did not inspect the person's mouth as required by protocol. Blood in a person's mouth will certainly affect the test. I am not advocating that you put an object in your mouth or injure yourself, but I do recommend that you call me to discuss any possible defenses you might have.

Should I just refuse everything?
Not necessarily. Keep in mind that there are consequences for refusing to blow into the Intoxilyzer® (the big machine). You have to use your best judgment. I often recommend that you refuse any field sobriety (Simon Says walk the line, etc.) or preliminary breath test (small hand-held machine). These tests just give the officer extra evidence. If they don't videotape the test, then it is your word against the officer's.

Won't they arrest me if I refuse to stand on one leg or do the other tests?
Probably. But once they have you out of the car doing the field sobriety tests, the officer has probably decided to arrest you anyway. By doing the tests, you are just giving him extra evidence. Do you really think they are going to let you go if they smell any alcohol? Not likely. DUI cases generate substantial revenue for the city and brownie points for the officers.

To learn more or to arrange effective representation in a Kansas City DUI / DWI case, please call or e-mail our Overland Park law office. Contact our Kansas and Missouri drunk driving lawyer, Paul Burmaster.