Experienced Kansas DUI Attorney
Arrested for drunk driving? We can protect your future!
Olathe Attorney Jerry Wallentine has won many DUI trials, prevailed on
numerous different motions, prevented significant jail time, and saved
countless driver licenses. He just won another DUI hearing in Johnson
County, Kansas and saved his client's driver's license. Two weeks
before that, he had saved yet another client's driver license. While
his past success is no guarantee for your case, he will do everything
he can to fully defend his clients' every legal right.
Our firm has helped countless clients who were charged with DUI in Johnson
County, Kansas. At our drunk driving defense firm, you will have a team
behind you. However, the substance of
your case will be handled personally by DUI lawyer Jerry Wallentine. He has litigated
hundreds of cases over the years and thoroughly know the ins and outs of Kansas DUI laws
and court procedures.
On top of his years of DUI experience, he regularly studies and researches
the constantly changing court decisions and legal changes to help his
clients. For example, the Kansas Supreme Court recently made numerous
ruling which can greatly effect DUI cases involving breath tests,
PBT, and blood tests. Have this experienced and zealous Kansas criminal defense
DUI attorney represent you. You will be treated with respect and your
case will be given priority.
"Drunk driving defense has unique challenges which I strive to overcome
when defending my clients.
After many years of DUI defense, my passion to help my clients continues
- Jerry Wallentine, DUI Defense Attorney
Steps of a Kansas Drunk Driving Charge
The steps of a Kansas DUI case range from the initial stop to post-sentencing
issues. An experienced Kansas DUI lawyer will be able to guide the defendant
through the stages. The main stages of a Kansas DUI case is the stop,
police investigation, arrest/ticket, booking, bail, request for an administrative
hearing, first appearance/arraignment, discovery, negotiation, preliminary
hearing (if charged as a felony as compared to a misdemeanor), suppression
hearing, pre-trial conference motions, trial, sentencing and appeal. If
your case was initially in the city court, you may have the right to appeal
any adverse rulings and start all over again in the District Court under
de-novo review. Additionally, your driver license administrative hearing
will be conducted sometime during the process, but the timing of this
varies from case to case.
If you or someone you know has been charged with a DUI, consult with a
Kansas Drunk Driving Defense Attorney who focuses on defending clients
charged with driving under the influence of alcohol or drugs. The content
of this site is provided for informational purposes only and you should
always speak with an attorney about such serious matters. Though having
a few drinks or cocktails may seem harmless, the effects can be devastating
if followed by an attempt to drive afterwards. Such risky behavior could
result in a costly traffic ticket combined with jail time, fines, and
the loss of your driver's license. Far worse is the possibility of
injuring - and possibly killing - an innocent person. Whether you've
been ticketed for drunk driving, or your situation is more severe, contacting
a Kansas drunk driving defense lawyer immediately can be extremely beneficial
in your case.
Kansas Police Officers' Methods to Determine Intoxication
Law enforcement officers use three different methods to determine whether
a driver has had too much to drink or is too intoxicated (due to drugs
or alcohol) to be driving. These methods include: Observation of Driving,
Field Sobriety Tests,
BAC - Blood Alcohol Tests, – PBT, Intoxilyzer, UA, and/or Blood Test Simple observation begins
well before the person is even removed from the vehicle. The officer makes
notations regarding the driving itself. Many times, even when a mere traffic
infraction is committed, it becomes the officer's opinion ion that
the suspect's driving is indicative of drunk driving. The Kansas officer
then observes the demeanor of the operator of a vehicle to determine whether
the driver is intoxicated, based on the suspect's general behavior.
Officers observe things such as smell, statements by the driver, appearance,
fumbling, articulation, and etc. A sobriety test includes what is referred
to as a field test. The officer will instruct the suspected intoxicated
operator of a vehicle to do several exercises, such as follow a light
with their eyes only, walk a straight line, stand on one leg, and/or recite
the alphabet. These things supposedly assist the officer in determining
whether an individual is intoxicated. A blood alcohol test usually first
includes a portable breathalyzer unit, which calculates the amount of
alcohol in an individual's blood by measuring the percentage of alcohol
in the driver's breath, blood, or urine and calculating it by using
a mathematical formula. Kansas officers use PBT's on the field and
a more sophisticated machine at the station called the Intoxilyzer. You
may also have done a blood test, which generally is more reliable. Also,
a UA (urinary analysis) may be taken. Officers rarely give blood tests
as they predominantly utilize the Breathalyzer. It is important to know
what your legal rights are concerning a DUI. A Kansas DUI attorney has
expertise in this specific area of law and may be able to help you determine
what your next step should be.
Penalties For Driving Under the Influence
The penalties in dui cases can be complicated due to legislated mandates,
prosecutor policies, and pressure from groups such as MADD. There are
a set of penalty guidelines for authority figures to follow; however,
several factors could change the outcome of the penalty, including whether or not:
You refused to take the Breathalyzer Test
You've EVER had a previous DUI - There is no limited look back period
anymore, except to determine whether your case is a misdemeanor or a felony,
in which case the look back is to July 2001.
Your BAC level
You received other traffic citations such as DWS, DWR, No DL, TOC, etc.
There was a minor in the automobile whether anyone was injured Sentencing
in a dui case is affected by the specific facts of the case
The specific judge hearing the matter
Any weaknesses in the prosecutor's case uncovered by the
Kansas dui defense attorney
Note: It is now illegal in many cases for a person to refuse to take the
Breath Test at the Station! While this seems to be highly unconstitutional,
it is currently the law!
The administrative hearing penalty regarding your license is not something
which is adjusted. They simply are what they are and you need to try and
beat the administrative hearing outright. However, depending on your case,
you can request to have your license modified from a full suspension to
allowing you to drive to and from work so long as you have an ignition
interlock installed on your vehicle.
"When I take on a DUI case, I approach it as a personal challenge.
After years of
defending hundreds of people, I noticed some similarities and legal issues that more commonly arose.
However, each DUI case is unique. I enjoy analyzing the specific issues
for each individual case, and formulating a strategy given the specific
situation....searching for chinks in the prosecutor's armor. While
I never guarantee a certain outcome, I do guarantee aggressive, thorough
I will personally do everything I can to effectively defend you."
- Jerry Wallentine, Managing Partner.
If you have been served with a
DC-27, you must act quickly and request the administrative hearing for your
driver's license. Whether you took a
chemical test or
refused, we can help you. We may be able to prevent you from having to file an
SR-22 with Kansas. Whatever legal issue you face, it is vital that you find the
best lawyer for defending against a DUI in Kansas.
Act now to get the Kansas DUI defense you need:
Contact Martin & Wallentine today!
We practice extensively in Kansas, defending our clients charged with DUI.
We have represented hundreds of clients throughout
Johnson County and it's cities, including
Kansas City. Don’t hesitate to
call a drunk driving lawyer right away. We have represented hundreds of clients for DUI charges and
similarly related alcohol and drug charges such as transporting an open
LAW UPDATE: Kansas Supreme Court recently ruled in
Ryce that K.S.A. 8-1025, which criminalized a test refusal, was unconstituional