DUI Defenses

Driving under the influence is a serious charge with equally serious consequences for even first-time offenders. DUI laws are constantly being reviewed and amended making the competent handling of these already complex cases even more challenging.

The attorneys at Billam & Henderson, LLC Attorneys at Law, have extensive knowledge and experience in handling DUI cases. The complex nature of a DUI charge along with the ever-changing laws places more importance on an attorney having extensive knowledge and experience in this area of practice. And this knowledge gives you a distinct advantage when it comes to defending against DUI charges.

The Criminal Consequences Of DUI

Even a conviction for a first-time DUI in Kansas requires an individual to serve time in custody before probation can begin. Minimum fines are steep and probation is intensive. If you are found guilty, you may also face some form of license suspension, mandatory ignition interlock, diversion or probation. Even after you abide by every punitive measure imposed by the courts, you will still have a criminal record, which can impact future job searches or educational pursuits.

From that initial stop to the field sobriety testing, to the blood, urine and breath testing, the moving parts of the criminal process requires an in-depth and thorough review by a skilled and seasoned attorney committed to protecting your rights. Our criminal defense attorneys will attend to every detail of your DUI defense.

The Driver’s License Consequences Of DUIs

For those charged with a DUI/OUI/DWI, a common thread is how overwhelming the experience can be and the license appeal deadline is often overlooked. When cited with a DUI in Kansas and a DWI in Missouri, you have a limited period of time to appeal your driver’s license suspension. In Kansas, you must file the proper paperwork within 14 days and in Missouri, you must file the paperwork within 15 days.

You can win your DUI case at trial and still have a driver’s license suspension, especially if you fail to file the initial driver’s license suspension appeal. The financial fallout from drinking and driving is greater than people realize. In addition to license suspension, insurance rates could increase to levels you cannot afford to pay.

What You Should Know About DUI Charges

Just because the police have slapped on the cuffs and charged you doesn’t mean prosecutors will be able to get a conviction. There is a lengthy legal process between that initial arrest and trial — and an experienced lawyer can challenge the weak aspects of the state’s case on your behalf.

At Billam & Henderson, LLC Attorneys at Law, we can argue for dismissal or leniency of your DUI case based on a number of different legal principles. Here a just some of scenarios that may help exonerate you or force prosecutors to cut a deal:

  • Illegal stops: The police must have a reasonable suspicion that a crime is being committed to pull you over. If they cannot provide a legitimate reason for the initial stop, the case against you could be dismissed
  • Weaving isn’t a crime: If your vehicle sways while driving, but does not cross a white or yellow line, the police may not have probably cause to make a traffic stop in the first place
  • Faulty field sobriety tests: The police are trained to administer field tests according to standardized protocol. People with debilitating health conditions, those who are more than 50 pounds overweight and senior citizens are prone to false results
  • Dash cam video: Police videos have become the new best friends of those charged with drunk driving. If you appear to pass a field sobriety test on video, the police may not have had the legal right to ask you to submit to a blood alcohol concentration test (breath, urine or blood)
  • Faulty breathalyzer results: Science is not exact. Inexperienced breathalyzer administers, medical conditions, acid reflux, rising blood alcohol content and just having food stuck in dental work can influence a breathalyzer reading. Test results can be challenged

Work With An Experienced Drunk Driving Attorney

At Billam & Henderson, LLC Attorneys at Law, we are ready and able to pull the state’s case apart piece by piece. If it does not hold up to legal scrutiny, we will petition the court for a dismissal. In many cases, just weakening the evidence against you can result in state attorneys being willing to come to a suitable plea agreement. If they won’t act reasonably, we are prepared to take your case to trial.

If you have been charged with a DUI, OUI or DWI, it’s important you have a lawyer who is ready to fight for your rights. Contact Billam & Henderson, LLC Attorneys at Law, today by emailing us online or calling our office in Olathe at (913) 782-4030. Every alleged crime is defensible, and we’ll fight tooth and nail to help you find out how you can beat a DUI charge.