Trial-Tested Kansas DUI Attorneys

Frequently Asked DUI Questions

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Experienced Kansas DUI Lawyers

Arrested for drunk driving? We can protect your future!

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 attorney 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.


Call (913) 901-7017 Today for Your Free Case Evaluation


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 to grow."

- 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 advocacy. 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. 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.


Act now to get the defense you need: Contact Martin & Wallentine today!


We practice extensively in Kansas, defending our clients charged with drunk driving. We have represented hundreds of clients throughout Johnson County and it's cities, including Olathe, Gardner, Lenexa, Overland Park, Shawnee, Leawood, and Kansas City. Don’t hesitate to call an attorney’s cell phone right away.