DUI/DWI Defense

Kansas DUI/DWI Defense Lawyer

An arrest for driving under the influence (DUI or DWI) means a lot more than a fine and taking a Saturday afternoon class. Drunk driving is a serious offense in Kansas. In addition to suspension of your driver's license, you face a lifelong criminal record and thousands of dollars in added insurance costs, court costs, and penalties. Multiple DUI/DWI convictions or a drunk-driving accident can lead to felony charges and a long prison sentence.

I am Jackie Rokusek, a criminal defense lawyer who represents people charged with misdemeanor and felony DUI in the Kansas City area, including Olathe, Shawnee, Lawrence, Leawood, Lenexa, Prairie Village, and Overland Park. As the former supervisor of the Traffic Division of the District Attorney’s office in Johnson County, I know how misdemeanor and felony DUI cases are prosecuted and how municipal courts operate. I have significant experience working with and against the municipal court prosecutors responsible for DUI prosecution.

If you need legal help with a misdemeanor or felony DUI charge, you want a lawyer who is willing to conduct a full investigation of your case. When you consult with me, I will thoroughly examine the legal issues of your case, including:

• Whether the officer had probable cause to stop you
• Whether the field sobriety test was conducted pursuant to National Highway Traffic Safety Administration (NHTSA) guidelines
• Whether the Intoxilizer 5000 breathalyzer protocol was followed
• Whether the video of your arrest can be used as a defense
• If you have multiple drunk driving arrests, whether your prior arrests were convictions that could lead to an enhanced charge of felony DUI.

It's important to avoid a conviction in a DUI/DWI case because that conviction will stay on your record for life. Even a diversion with a dismissal counts as a first offense on your record. If there is a defense in your case, I will find it. I would never encourage a client to plead guilty to DUI charges when there is an opportunity for a dismissal or an acquittal.

Your defense is too important to be left to an inexperienced lawyer. Contact me, criminal-trial attorney Jackie Rokusek, for a free consultation if you have been charged with misdemeanor or felony DUI/DWI in the Kansas City area.

If you are charged with a DUI (driving under the influence of alcohol and/or drugs) in Kansas, you face two distinct hearings: (1) The DUI trial in city (municipal) or state (district court) court and (2) an administrative hearing (civil action) during which you either lose your driving privileges for a period of time or manage to protect your privilege to drive.

Each of the two hearings is quite different from the other. One is civil and one is criminal. The difference is critical and time is of the essence.

You have only ten days to request the administrative hearing to protect your driving privileges. Further, you have to make the request using specific language in order to protect your right to a fair and impartial hearing. Contact an experienced DUI lawyer immediately after your arrest and provide that attorney with the DC-27 (pink form) form you were given at the time of your arrest.

Criminal Matter - Kansas DUI

1^st Offense (Class B Misdemeanor)

Minimum 48 hours in custody; up to 6 months in jail; loss of driving privileges
$500-$1,000 fine
Probation not granted until 48 hours imprisonment

2^nd Offense - Kansas DUI
Minimum 5 days in custody; up to one year in jail; loss of driving privileges
$1,000 - $1,500 fine
Probation not granted until 5 consecutive days served in jail; can be released on work release or house arrest after 48 hours in jail

3^rd DUI - (Felony Offense)
Minimum of 90 consecutive days in jail, up to one year jail; loss of driving privileges
$1,500-$2,500 fine
Probation not granted until 90 consecutive days served in jail; work release or house arrest is possible after 48 consecutive hours in jail.

4^th DUI (Felony Offense)
Minimum of 90 consecutive days in jail; up to one year in jail and post release supervision; loss driving privileges
$2,500 fine
Probation not granted until 90 consecutive days served in jail; work release possible after 72 consecutive days in jail.

You face driver's license suspension after a DUI arrest.
After you are arrested for DUI and receive a DC-27 form, you have ten days to request an administrative hearing concerning your driver's license suspension. To protect your driving privileges, consult an experienced DUI lawyer within that ten-day time period.