Law

How a Kansas City DUI Lawyer Can Help You Avoid Jail Time

Lawyer
Written by Mika Lee

Being charged with a DUI in Kansas City is no laughing matter. The risk of a conviction is time in jail, suspension of your license, and a hefty fine. But the right Kansas City traffic defense attorney can get you out of jail and defeat the charge.

What Does a DUI Attorney Do?

A DUI lawyer knows the local law and procedure of the court. They examine your case and uncover weaknesses in the evidence. They negotiate with the prosecutor on your behalf. They will appear for you in court. Their purpose is to keep you out of jail and reduce penalties. They also take you through it step by step. From the moment you’re arrested to the day you appear in court, they’re there. They handle paperwork, court forms, and deadlines so you don’t fall behind.

How a Lawyer Keeps You Out of Jail

1. They Review the Arrest Details

Your attorney reviews whether or not the police acted properly when they stopped you. If the cop erred, that works in your favor. Perhaps the stop was unlawful. Perhaps the test wasn’t administered correctly. If so, the attorney can have the case dismissed. They’ll also review whether your rights were breached. Did the police inform you of your rights? Did they intimidate you inappropriately? These things count and might alter the verdict.

2. They Challenge the Test Results

Breath and blood tests come with regulations to abide by strictly. If the test was not done correctly, your lawyer can challenge it to be invalidated by law. The machinery must be in a perfect condition. Police officers must be trained. Make one mistake and the test will be disqualified. Your lawyer will scrutinize every single detail.

3. They Bargain a Plea Bargain

If the case is strong, an attorney can cut a deal. You may be given probation instead of prison. You may take a course or serve community service. The attorney negotiates the best bargain. They may also keep you from having a criminal record. Some deals allow the charges to be dropped later if you keep the agreement.

4. They Negotiate for a Lesser Charge

Sometimes, a DUI may be downgraded to a misdemeanor like reckless driving. This means no jail time and fewer long-term effects. This saves your future. Lesser charges may not affect jobs or school so much. Your lawyer defends more than your time.

5. They Represent You in Court

If you take it to trial, your lawyer has a good defense. They cross-examine witnesses. They make sure your rights are protected. They also prepare you to testify in court. You’ll understand what to say to them and what not to say to them. That can really benefit them.

Common DUI Defenses

  • No foundation for the stop: The police officer had no reason to pull you over.
  • Bad field test: The roadside tests were unfair or poorly administered.
  • Faulty equipment: The breathalyzer or blood testing equipment malfunctioned.
  • Medical problems: Some medical conditions can affect test results.

Why You Should Act Now

Kansas gives you just 14 days to challenge a suspension of your license. Your lawyer needs time to build your case. Waiting makes it harder. The sooner they take action, the better. They can stop the suspension or delay it while preparing.

What If This Is Your First DUI?

Most first-time offenders are in better shape. They can avoid jail time. You might be able to get into a diversion program. That is, the charge is dropped if you comply with certain requirements. The program is typically a class, community work, or staying sober for a period of time. If you successfully complete it, you don’t have a record.

What If You Have a Prior DUI?

A third or second DUI is more serious. The likelihood of jail is higher. An attorney is even more important in these situations. They can still help shorten time or sentences. They can also challenge the application of your prior cases. If a prior DUI was not conducted correctly, it may not apply.

What an Attorney Can Do That You Cannot

You may think you can get away with doing a DUI yourself. That is incorrect. DUI law is complex. The prosecutors will not let you off. A lawyer knows the system. They work on these types of cases all the time.

They are familiar with the local courts

Every court is different. A local lawyer knows what works in Kansas City.

They know the prosecutors

Lawyers work with the same prosecutors over and over. They know the prosecutors and know what they will accept.

They stay calm under pressure

You are nervous. A lawyer stays calm. They handle the stressful parts.

They guide you through the process

From bond hearings to license issues, they handle it all. You don’t have to guess or Google your way through. 

What to Expect in a Kansas City DUI Attorney

  • Experience handling DUI cases
  • Local to Kansas City
  • Great reviews from past clients
  • Open and honest pricing
  • Will fight for you
  • Answers your questions quickly
  • Takes time to explain your options

How Much Does a DUI Attorney Charge?

Costs are $1,000 to $5,000 or more. Depending on your case. But paying a lawyer will cost you much more than that in the long term. If you don’t go to jail, don’t get fined, and don’t have a record, it’s worth it. A lot of lawyers have payment plans too.

Jail Time Without a Lawyer

Here’s what you stand to lose if you represent yourself:

  • First DUI: Up to 6 months in jail
  • Second DUI: Jail up to 1 year
  • Third DUI: Prison up to 4 years

A lawyer can get these decreased or jail removed.

Other Penalties a Lawyer Can Decrease

  • Loss of license
  • Fines of up to $1,000 or more
  • Points on your driver’s license
  • Insurance rate increase
  • Ignition interlock device on your car
  • Mandatory classes
  • Travel restriction

What to Do Right Away After Being Detained for a DUI

  1. Don’t talk to the police without an attorney.
  2. Don’t admit it. 
  3. Record what happened.
  4. Call your DUI attorney right away.
  5. Save all paperwork and receipts to yourself.
  6. Avoid those social media arrest pages.
  7. DUI Attorney vs. Public Defender

Your public defender is free of charge, but they typically have too many cases. Your private lawyer gives more time and attention to your case. That could be the difference between jail and freedom. Public defenders are intelligent and talented, but time-starved. A private attorney is able to provide more time, more guidance, and faster responses.

FAQs Regarding Kansas City DUI Attorneys

1. Can a DUI attorney actually get me out of jail?

Yes. Most DUI cases resolve without jail. An attorney can make that happen.

2. What if I blew over the limit?

That does not mean you will be convicted. Tests are fallible. A lawyer can challenge them.

3. Do I need a lawyer for a first DUI?

Yes. A first DUI can still land you in jail, cost you money, and leave you with a record. A lawyer stops that.

4. Can I reinstate my driver’s license?

Maybe. A lawyer can challenge the validity of the suspension or get a permit to work.

5. When do I call an attorney?

Right away. The sooner they start working, the better they will be able to represent you.

Last Thoughts

A DUI stop is a scary experience. But you don’t have to face it by yourself. A Skilled Kansas City DUI lawyer can protect your rights and fight for your future. Don’t roll the dice on no jail time. Receive the help you require.

About the author

Mika Lee

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