Archive for the ‘DUI Charges In Kansas’ Category

The Three Biggest Mistakes Motorists Make When Pulled Over for Suspicion of DUI

Thursday, May 8th, 2014

It is Friday night and you are driving home after an evening out with friends for dinner. It is late and you are tired, but all of a sudden you are very awake. Your heart is banging loudly in your chest as your brain quickly comprehends those flashing blue lights in your review view mirror. You are being pulled over. You try not to panic—but suddenly your mind is all aflutter. Were you speeding? Did you miss a light? You had a few glasses of wine with dinner—but now you are wondering if you drank too much. As you watch the officer approach your car, all you can think is—what should I do? Just as important as what to do is what not to do. The following are a list of the most common mistakes drivers make when they are pulled over on suspicion of DUI:

  • Try to talk your way out of it: It is natural for people especially when they are nervous to become very chatty. Some people think when they are pulled over on suspicion of DUI that they can somehow just explain everything away. Police officers are not dumb and cannot be sweet talked out of charging you with a DUI. One of the biggest mistakes driver’s make when an officer suspects the person of driving under the influence is to talk. While admitting to an officer that you have consumed alcohol earlier in the evening is not a crime, it does give the officer reason to ask more questions. If the officer begins to ask questions related to your consumption, remember you have the right to refuse to answer the officer’s questions. You can simply respond, by saying “I choose not to respond”. Do not lie. However, by  volunteering information you are only helping the officer build his or her DUI case against you.
  • Think if you cooperate all will be okay: Another approach motorists often mistakenly take when pulled over for DUI is to think that if they just cooperate that all will be okay. At the traffic stop when the officer requests your license and registration, you need to hand these documents to him or her. If the officer requests that you step out of the vehicle, you need to do this as well. However, if the officer asks you to complete a road side field sobriety test, you do not have to engage in this activity. Completion of a field sobriety can in most cases only increase your chances of being charged with a DUI not decrease it. These tests are very difficult for even sober individuals to pass.
  • Become rude, attitudinal, or disrespectful towards the officer:  At no time while your vehicle is pulled over should you show any disrespect or be rude to the officer. Now this does not mean that you have to do everything the officer requests (i.e. field sobriety tests), but it does mean that you should decline politely. You will not win any points with the officer by being attitudinal or rude.

Driving under the influence or DUI is an offense that needs to be taken seriously. Only a skilled Kansas DUI Defense Attorney can thoroughly review your case to make certain that all of your defenses are presented. If you have been charged with DUI, call The Whitman Law Offices today at (785) 843-9460 to schedule your free and confidential consultation. For almost four decades, attorney Charles E. Whitman has represented persons charged with DUI. Trust the Whitman Law Offices to provide you with aggressive representation both in and out of the courtroom.

When it Comes to DUI, Knowing the Law is Not Enough

Wednesday, March 5th, 2014

Driving under the influence is a crime that most people never intend to commit. Nonetheless, every year thousands of drivers in Kansas are arrested and charged with DUI. The crazy part about drunken driving is the people who are arrested know that it is illegal to drive while intoxicated. However, despite knowing the law people still continue to choose to drink and drive. So when it comes to avoiding a DUI charge it is not enough to know that operating a vehicle with a .08 blood alcohol concentration (BAC) or more is against the law.

Clearly, knowing the law was not the problem for Missouri attorney, David Murdick. The 36-year old lawyer was sentenced in early March to nine years in prison for the death of Clifton Scott. In September of 2012, Scott, a 15 year veteran of the Missouri Department of Transportation, was at the scene of an accident on Interstate 70. Scott, a motorist assist operator, had just finished off blocking off a portion of the interstate with traffic cones and flares so as to alert other motorists of the accident, when he was struck by Murdick’s car. Murdick also hit Scott’s truck causing it to burst into flames. The 50 year old man and father was killed at the scene. It was later determined that Murdick had a BAC of .184, which is more than twice the legal limit in Missouri. Murdick was charged with one count of involuntary manslaughter, a crime that carries a sentence of 5 to 15 years in prison. In January of this year, Murdick pled guilty to the charges. The husband and father of three children did not offer any excuses about his decision to drink and drive the night he hit Scott. The family of Clifton Scott urged all motorists not to drink and drive.

Obviously, David Murdick knew that is was against the law to drink and drive. Murdick admitted his responsibility for Mr. Scott’s death at his sentencing. However, all too often motorists choose to drink and drive, potentially putting their own lives and the lives of others in danger. If you are considering drinking, stop and consider the alternatives:

  • Take public transportation: Depending on where you live, there are different forms of public transportation available. Before heading out for the night, take a copy of the bus schedule with you.
  • Call for a ride: If you are not able to legally operate a motor vehicle, call someone for a ride. Maybe a friend or family member can pick you up. If no friends or family are available, you can always call a cab. In some cases a $20 to $60 cab ride can be the difference between leading a normal life and spending 5 to 15 years or more in prison.
  • Walk: If you cannot find a ride, maybe you can simply walk home.
  • Hotel or stay with a friend: If you cannot walk to your house, you can always walk to hotel or crash at a friend’s house for evening.

If you are an attorney or other professional who has been charged with driving while under the influence you need an experienced and skilled DUI attorney. For more than three decades, Kansas DUI Attorney Charles E. Whitman has defended individuals whose licenses and careers depend on a clean criminal record. As a seasoned litigator and skilled DUI defense attorney, Charles E. Whitman will fight to protect your rights and your reputation. Contact the Whitman Law Offices today at (785) 843-9460 to schedule your free and confidential consultation. At the Whitman Law Offices, we pride ourselves on providing clients with superior legal services.

A Kansas DUI Can Happen to Anyone

Saturday, March 1st, 2014

At some point in life, even if only for a few moments, everyone has wondered what it would like to be famous. Maybe you imagined yourself as a beautiful actress or hunky actor, or maybe a musician or even a politician. Sometimes we think that one of the perks of being “rich and famous” is that you do not have to follow the same rules as those who are not rich and/or famous. Although stars may catch a few breaks, when it comes to DUI, even celebrities pay the price. Here are recent celebrities that made headlines when they were arrested for DUI:

  • Sarah Bruce: Sarah Bruce, the wife of Kansas Senator Terry Bruce was arrested in December of 2013 for suspicion of DUI with a breath alcohol concentration (BAC) of .159, well above the .08 Kansas limit. According to the arrest report, Mrs. Bruce failed to submit to a full DUI test. In accordance with a law enacted in 2012, which Senator Bruce voted in favor, that increased the penalties for a BAC over .15, Mrs. Bruce may have her driver’s license suspended for one year. The case is still pending.
  • Justin Bieber: In January, the then 19-year old pop star was arrested in Miami for DUI after failing a field sobriety test. Police also noted that Bieber had blood shot eyes and the odor of alcohol on his breath. According to police, Bieber also admitted to having consumed some amount of alcohol, smoked marijuana and had taken some prescription drugs. Bieber was initially pulled over after an officer noticed his yellow Lamborghini drag racing a red Ferrari in a residential neighborhood. Bieber has pleaded not guilty to the DUI charges and his case is set for trial in May.
  • Amanda Bynes: The twenty eight year old actress was arrested in 2012, after hitting a police car in West Hollywood, and charged with DUI. In February of this year Ms. Bynes pleaded “no contest” in a Los Angeles courtroom. The former Nickelodeon star was sentenced to three years probation and must attend a three month long alcohol education course.
  • Chris Pine: Chris Pine is an actor most well-known for his role in the Star Trek movies as Captain Kirk. The actor was arrested in New Zealand on suspicion of DUI after attending a party celebrating the end of filming of his new movie. In the early morning hours, Pine was stopped while going through a sobriety check point. When asked by police if he had been drinking that evening, Mr. Pine admitted to police that he had four cocktails. Police determined that Mr. Pine had a .11 blood alcohol content (BAC) which is above the legal limit in New Zealand of .08, which is the same limit as in the United States. Through his attorney, Pine admitted to the New Zealand court that he made a mistake choosing to drive the night he was arrested. Mr. Pine pled guilty to DUI charges and was fined $79 and had his New Zealand driver’s license suspended for 6 months.

The moral of these stories is that DUI can happen to you whether you are male or female, young or old, rich or poor, famous or virtually unknown. With this in mind, if you have been charged with DUI you need an experienced and knowledgeable Kansas DUI Attorney. To schedule your free and confidential consultation, call us today at (785) 843-9460 or visit us online. We can also make arrangements to visit you in jail. With over 35 years of experience, attorney Charles E. Whitman of the Whitman Law Offices, will thoroughly review your case with you to make sure that you understand of all of your legal options.

The Repercussions of Drinking & Driving in Kansas with a Child in the Car

Sunday, February 2nd, 2014

In December, a Johnson County man was arrested after his vehicle was found traveling over a 100 mph on Kansas Highway 10.   Unfortunately, a two year old girl was also in the car. The man was charged with driving under the influence, child endangerment, reckless driving, and driving under a suspended license. Fortunately, the little girl was not injured, as she was very lucky. However, three children in Georgia were not so fortunate. In February, a man crossed lanes into oncoming traffic and crashed head-on with a taxi cab. A seven year old boy suffered non-life threatening injuries. A 3 year old in the vehicle was severely injured and an eight month old boy was killed at the scene. The man, the deceased child’s father, was intoxicated at the time of the accident and charged with driving under the influence and vehicular homicide.

If these stories sound like horrible, but isolated incidents, think again. More than fifty percent of all children who are killed in drunk driving accidents are riding in a vehicle with a driver who is legally intoxicated. In Kansas, a driver that is found guilty of driving under the influence that had one or more children under the age of 14 in the vehicle with him or her at the time of the offense, will have one month imprisonment added to his or her sentence. This however, is not the only penalty a driver can face. A driver in Kansas may also be charged with endangering a child (or aggravated endangering a child). Child endangerment occurs when a person either intentionally or unreasonable causes a child (17 years or younger) to be put in a situation where he or she may be injured. Endangering a child is a Class A misdemeanor. A person who puts a child in such a situation and the child is injured or endangered is considered to have committed aggravated child endangerment, which constitutes a Severity Level 9 felony.

Another example of child endangerment that can sometimes come out of a driving while intoxicated situation, occurs when a parent tell his or her 14 year old child to serve as his or her designated driver. Allowing an unauthorized minor to drive a vehicle can lead to charges of contributing to a child’s misconduct or deprivation in addition to endangering a child. Parents have also been arrested and charged after having a child (or another person for that matter) blow into the ignition interlock device in his or her vehicle.

Before you think this type of situation could not happen to you, stop and consider this scenario. You and your spouse go out for an evening on the town. You leave your two children home with a teenage babysitter. After a fun evening out, where you and your spouse were both drinking, your spouse informs you that one of you needs to give the babysitter a ride home. What do you do? Call the teenager’s parents and tell them you are intoxicated and cannot drive his or her teenager home? Or do you risk being pulled over for DUI knowing that you could be charged with endangering a child and if found guilty of DUI, could have your sentence enhanced by one month.

Call the Whitman Law Offices Now to Speak with Our Seasoned Kansas DUI Defense Attorney

If you or a family member has been charged with driving under the influence and had a child in the car at the time of the offense, you need to meet with an experienced Kansas DUI Defense Attorney as soon as possible. Call the Whitman Law Offices today at (785) 843-9460 to schedule your free and confidential consultation. At the consultation one of our experienced defense attorneys will take the time to review your case with you and to make sure that you are made fully aware of all of your legal options. We can also arrange to have one of our DUI Defense Lawyers visit you in jail if necessary. The Whitman Law Offices is proud to provide exceptional legal services to clients in Lawrence and Northeast Kansas.

Kansas DUI Attorneys Ask The Public to Resolve Not to Drink & Drive in 2014

Tuesday, January 28th, 2014

No start to a New Year is complete without the time honored tradition of making a list of New Year’s resolutions. Even if you chose not to make a list this year, one thing every motorist should resolve to do in 2014, is to not drink and drive. Much like deciding to quit smoking, the benefits of not drinking and driving are clear. However, if you are in need of a reminder of why driving while under the influence of alcohol is a bad idea, the following list should prove as a helpful reminder:

  • DUI: Any time a motorist chooses to drink and drive, he or she runs the risk of being pulled over on the suspicion of drunk driving and charged with a DUI. Although many motorists understand that a DUI is not something they want—many are unaware of the extent to which a DUI can change their lives. First, a DUI charge will result in the loss of a person’s driver’s license for at least a short period of time, but most often the driver’s license will be restricted or result in the loss of driving privileges for at least one year. A DUI conviction will also mean that that person now has a criminal record. This can lead to problems when the person applies for a job, college or even financial aid. Not only may a person with a DUI conviction have to disclose the conviction to certain people upon request, the information will also become public record. This means if you were convicted of a DUI your insurance company will learn of your misfortune and most likely raise your rates. Lastly, a person convicted of a DUI may also have to serve time in jail.
  • Loss of time and money: Even if your attorney is able to have the DUI charges against you dropped or is able to win your case at trial, you will most likely spend a large amount of time and money in order for him or her to achieve such results. Unless you have a lot of time and money burning a hole in your pocket, it is best to avoid a DUI.
  • Seriously injure or kill yourself and/or other people: Drivers who are under the influence of alcohol or drugs have slower reactions times than drivers who are sober. A slow reaction time while driving, especially in an emergency type situation can prove dangerous, even life threatening. Driving requires a motorist to make split-second decisions. An impaired driver may not be able to swerve in time to avoid a collision or react appropriately to a braking vehicle. A motorist that has been drinking also experiences impaired judgment. Drinking can make a motorist feel like driving at a high rate of speed during poor weather conditions is a great idea. Which can lead the driver to wrap his or her car around a telephone pole or veer into oncoming traffic. Such actions not only put the driver’s life at risk, but also his or her passengers, and other motorists, their passengers, and pedestrians.

If you have been charged with a DUI do not make another mistake by hiring just any attorney. Only an experienced DUI defense attorney can properly advise you of your legal rights and best advise you as to your options under the law. For over 35 years, the Whitman Law Offices have been advising DUI clients on their rights. To schedule your free and confidential consultation, call the Whitman Law Offices today at (785) 843-9460 or visit us online. We can also make arrangements to visit you in jail. Trust the seasoned professionals at the Whitman Law Offices to provide you with exceptional legal services.

College Students Beware: The Consequences of a DUI in Kansas

Thursday, January 16th, 2014

College students juggle a pretty hectic schedule. In between attending classes and hitting the books, most students find time to squeeze in extracurricular activities, whether it is participating in intramural sports, joining a student organization, or working a part-time job. Most college students would agree that they would love to have a few extra hours in the day to accomplish things. That, and of course some extra cash would not hurt either. If you are a busy college student who is strapped for cash, the last thing you want is a DUI. Before you consider drinking and driving home from your next party or social event, take a minute to review the enormous potential consequences of a DUI for a college student.

Regardless of whether you are a 21 year old college student, corporate CEO or a plumber, the law provides for certain punishments for all people convicted of driving under the influence of alcohol, or driving with a blood alcohol level at or above .08. The “basic” penalties are as follows:

  • Criminal Record: If you are found guilty of DUI, you will automatically have a criminal record. In Kansas a first time DUI is considered a Class B misdemeanor.
  • Fine:  For a first time offense the fine can be no more than $1,000.
  • Costs: In addition to fines, there are other costs of DUI including possible attorney’s fees and court costs.
  • Jail Time or Public Service: The court can sentence a first time DUI offender to a maximum of six months in jail or 100 hours of public service.
  • Education/Treatment Program: The court can also require an offender to enroll in and successfully complete an alcohol and drug education and/or treatment program.
  • Loss of Driving Privileges: The standard protocol for DUI is to have a suspended license for a period of 30 days and thereafter restricted for a period of approximately 330 days. However, to be eligible to drive after the suspension, a driver must apply for reinstatement of his or her driver’s license with the Division of Motor Vehicles. This includes completing an application, paying a fee and also possibly paying to have an ignition interlock device installed on the driver’s car.

These penalties can not only impact your wallet, but also your time. Time that could be best spending studying may be spent in court or attending treatment. Classes may be missed or you may have to quit your off-campus part-time job, since your driver’s license is suspended. However, unlike the CEO and the plumber, a college student can also face consequences from his or her college or university, which depending on the institution’s policies can include the following:

  • Loss of financial aid and/or scholarships;
  • Loss of student housing;
  • Notifying the student’s parents;
  • Requiring the student to attend alcohol/drug treatment; and
  • A warning, probation, suspension or even expulsion from the institution.

A DUI conviction can also follow you after you leave the institution whether you leave through choice or by expulsion. For example, other college and universities may require that you close your criminal status on applications for admission and/or for financial aid. Many employers also require employees to undergo a criminal background check.

If you are a college student who has been charged with a DUI or another alcohol-related offense you need an experienced DUI defense attorney. Do not trust your case and your future to just any attorney. With over 35 years of experience, attorney Charles E. Whitman will carefully review the facts of your case and research any and all defenses you may have. To schedule a free and confidential consultation call (785) 843-9460 or visit us online. The Whitman Law Offices is located in downtown Lawrence and is easily accessible to both the University of Kansas (KU) and Baker University.

Could a DUI Cost You Your Commercial Driver’s License in Kansas?

Saturday, January 4th, 2014

If you operate a Commercial Motor Vehicle (CMV) for a living, then you know exactly how important your Commercial Driver’s License (CDL) is to your livelihood. Without your CDL, you will not just lose just your current job but will lose your career. Too often a holder of a CDL forgets just how easily a CDL can be jeopardized.  As a holder of a CDL, you need to be aware of the serious consequences that drinking and driving can have not only on your driver’s license, but also on your CDL. For any driver a DUI conviction can be an expensive and costly mistake, but for a CDL holder it can be a double whammy.  Keep these facts in mind next time you think of drinking and driving:

  • There are different rules for operating a CMV: In Kansas, motorists who are found to be operating a vehicle with a blood alcohol level at or above .08 are considered to be driving under the influence. However, the blood alcohol limit for CDL drivers who are operating a CMV is much lower. CMV operators who have a blood alcohol level at or above .04 are considered to be driving under the influence.
  • There is no slap on the wrist: Do not fool yourself into thinking that the penalties for a first time DUI conviction are just a slap on the wrist. A person operating a CMV (who is required to hold a CDL) will be disqualified from operating a CMV for a period of time not less than one year for being found driving under the influence of alcohol (DUI) or drugs or have a blood alcohol level at or above .04. This is addition to the penalties and fines imposed by the court for the DUI.
  • It does not matter if you were driving a non-CMV at the time of the DUI: A CDL holder can not only jeopardize his or her license for a DUI conviction while operating a CMV but also if found guilty of DUI or refusing alcohol testing while driving a non-CMV. If a CDL holder is convicted of DUI or found to have a blood alcohol level of .08 or higher he or she will also lose his or her ability to operate a CMV for a period of not less than one year.
  • A second conviction will cost you: Although the penalties for a first time DUI conviction are very serious, a second conviction is even more severe. If a CDL holder receives a second DUI either while operating a CMV or while operating a normal passenger vehicle, the holder will receive a lifetime ban from operating a CMV. In certain circumstances the Secretary of Revenue has the power to reduce the ban to a period of not less than 10 years.
  • You cannot avoid the consequences of a possible DUI by declining alcohol testing: Often the advice to motorists who are pulled over for suspicion of DUI is to decline taking a breath test or other form of alcohol testing. However, CMV operators who are required to hold a CDL are deemed to have consented to alcohol testing. Therefore, if a CDL holder refuses to submit to alcohol testing the refusal will result in the same consequences had he or she failed the alcohol test or a DUI conviction.

If you are the holder of a commercial driver’s license and have been charged with DUI, it is imperative that you contact a seasoned DUI defense attorney as soon as possible. Attorney Charles E. Whitman has over three decades of experience helping clients protect their rights and obtaining the best possible outcomes on their behalf. The team of professionals at the Whitman Law Offices understand that a DUI conviction for a CDL holder has serious consequences. Call us today at (785) 843-9460 or visit us online to schedule your free consultation. Trust the attorneys at the Whitman Law Offices to provide you with superior legal services.

Drinking and Flying: How a DUI Could Jeopardize Your Pilot’s License

Wednesday, January 1st, 2014

Every day, we entrust pilots to get us from one city to another efficiently and, without incident. We place our complete faith and trust in a pilot’s skills and training to safely navigate the skies. For this reason, pilots who drink and “fly” are subject to not one, but two sets of rules. First, pilots like any other person, are subject to the state laws in which they are driving. In Kansas, this means that a person is no longer considered able to operate a motor vehicle if he or she has a blood alcohol content limit at or above .08%. In addition to following local state laws, a pilot must also adhere to the Federal Aviation Regulations (FARS) promulgated by the FAA (Federal Aviation Administration).

If a pilot is involved in a motor vehicle incident involving alcohol, certain procedures must be followed. Failure to timely comply with these procedures can cause the FAA to revoke or suspend a pilot’s license. Although the easiest way to avoid problems with the FAA is to not drink and drive, sometimes lapses in judgment do occur. If you are a pilot and find yourself in the unfortunate situation of being charged with an alcohol related driving offense, there are a few things you need to know.

First, is that you are required under FARS to send a notification letter. This letter must be sent within 60 days of the effective date of each and every alcohol related conviction or administrative action involving a motor vehicle. A copy of this form letter can be found on the FAA’s website. The notification letter must be sent to the FAA’s Security and Investigation Division in Oklahoma City, Oklahoma. An alcohol related motor vehicle action that would necessitate sending notification letter can include:

  • Revocation, suspension or cancellation of the pilot’s driver’s license as the result of either the pilot failing to pass an alcohol test or by having a blood alcohol content above .08.
  • Conviction for driving under the influence (DUI), operating while under the influence (OWUI), or driving while intoxicated (DWI).
  • Suspension of a license due to the pilot’s unreasonable refusal to submit to alcohol testing.

As a pilot, you also want to be aware that you may need to send more than one notification letter to the FAA for the incident. For example, if a license is suspended at the time of an arrest for example, for blowing a .95, the pilot would need to send a notification letter within 60 days of this event. If the pilot is later convicted of a DUI by the court, then he or she would need to send another notification letter to the FAA for this event, regardless of the facts that the events both stemmed from the same alcohol related motor vehicle action.

Do not think you can avoid having the FAA discover your alcohol related motor vehicle action by failing to send a notification letter. The FAA will find out about the action and your failure to comply with the regulation can result in a suspension or revocation of your pilot’s license. You will also have to report the action on your medical application.

If you are a pilot who has been charged with an alcohol related motor vehicle offense, you need an experienced Kansas DUI attorney. For more than three decades attorney Charles E. Whitman has defended individuals whose licenses and careers depend on a clean driving record. Protect your license and hire a skilled and seasoned litigator. Contact the Whitman Law Offices today at (785) 843-9460 to schedule your free confidential consultation. At the Whitman Law Offices, we will take the necessary steps to make sure that your rights are protected.

Lawrence Kansas DUI Attorney Offer Tips for Keeping Your Resolution to Not Drink & Drive

Saturday, December 21st, 2013

On December 31st, you likely made your list of New Year’s Resolutions and similar to many others, felt as if this was the year you would accomplish them all. However, by late January you noticed that many of your resolutions had fallen by the wayside while others never even got off the ground. If you think you are alone, think again. Most New Year’s resolutions are abandoned by February 1st.  But just because the majority of New Year’s resolutions never live to see March, it does not mean you should not make resolutions. Regardless, if it is December 31th, April 12th or August 3rd, any day is a good day to resolve not to drink and drive. To make sure that you are successful in not drinking and driving in the New Year, follow these tips:

  • Be committed: The reason many goals like vowing to eat healthier or work out more do not succeed is because people do not commit themselves to the goal. Sure everyone thinks they could shed a few pounds, but is it life threatening? Most likely the answer is “no”. Drinking and driving can have serious if not fatal consequences. To make sure that you stick with this resolution, take some time to think about how a DUI or drunk driving accident could affect you, your family, and your friends. Contemplate how this decision could impact your career, your finances and even your reputation.
  • Make a plan: In order to succeed with any resolution you need to do more than proclaim your goal and hope for the best. You need a plan. If your goal is to not drive while under the influence of alcohol, then you need a plan to make sure this does not occur. Before you attend a function where you will be drinking, make a plan. Perhaps the plan is to space out your drinks to no more than one per hour or to take public transportation home.
  • Share your resolution: One way to make sure you keep your resolution is to enlist the help of others. Tell your friends and family members about your resolution and ask them to help hold you accountable. Ask those you trust to approach you and take away your keys if you try to drive and drive. Who knows, your goal may encourage others to join you in your resolution.
  • Have a backup plan: Sometimes even the best plan can go awry. For example, you attend a party and your friend agrees to be the designated driver. Half way through the evening you notice that your friend is drinking. This should not be a problem if you have a back-up plan. For example, maybe you have another friend who could pick you up (another reason to share your resolution) or you could call a cab or walk home.
  • Learn from your mistakes and recommit: You awake one morning to realize that you should not have driven home the previous night. Take some time to think about what went wrong and why your plan and back-up plan failed. Strategize solutions so that it does not happen again. Do not abandon your resolution to not drink and drive—rather remind yourself of why this resolution is so important and recommit yourself.

If you or someone you love is facing DUI charges, you need to speak with an experienced DUI defense attorney as soon as possible. To schedule your free and confidential consultation, call the Whitman Law Offices today at (785) 843-9460 or visit us online. If needed, we can also arrange to visit you in jail. At the consultation, we will thoroughly review your case with you and make sure that you understand of all of your legal options. Put our law firm’s 35 years of experience to work for you. The Whitman Law Offices is proud to provide superior legal services to clients in Lawrence and Northeast Kansas.

How to Select the Right DUI Defense Attorney in Kansas

Thursday, November 21st, 2013

Finding the right attorney to represent you on your DUI charges can feel like a daunting task. With the steep penalties for a DUI conviction, it is important to find a skilled attorney who can zealously defend you and get your life back on track. When deciding who to trust with this important job, look for attorney who meets the following requirements:

  • Concentrates a portion of practice on DUI: Do not use the attorney who handled your divorce, just because he or she is the only attorney you know. You would not make an appointment with a dermatologist if you were experiencing chest pains. The same advice holds true when you are searching for the right attorney to represent you on a DUI charge. Limit your search of attorneys to those attorneys and/or firms where DUI defense is a major practice area. You want to hire an attorney who regularly handles DUI cases because that attorney will be current on the law and best be able to advise you on your rights.
  • Significant trial experience: Look for an attorney who has significant trial experience. An attorney who is well-versed in the courtroom is advantageous to a client in two ways. First and obviously, if your case goes to trial you want to feel comfortable that your attorney is confident in the courtroom. Second, and equally as important, is that an attorney who can commands the courtroom is often in a better position to settle a case. In law, like in life, an attorney’s reputation in the courtroom precedes him or her.
  • Is upfront about fees: No one plans to get arrested for a DUI. Therefore, it makes sense that most people do not have funds set aside to hire a DUI defense attorney. Find an attorney who is upfront about not only the attorney’s fees, but also possible fines, restitution and other expenses that you can expect to incur. You can also look for a DUI defense attorney who will accept credit card payments for his or her fees.
  • Values you and your case: To find the attorney who is best suited to represent you take the initial consultation with the attorney very seriously. After the completion of the consultation, ask yourself the following questions:
  • Did the attorney take the time to listen to the facts of my case?
  • Did the attorney answer all of my questions?
  • Did the attorney explain my legal options?
  • Did the attorney seem honest and forthright about the strengths and weaknesses of my case?

If you can answer “yes” to these questions, you are well on your way of finding a good DUI defense attorney. Make sure to avoid an attorney who promises you results or guaranties you a specific outcome. Not only is this type of behavior extremely unethical, it is also a complete lie. It is impossible for any attorney to be able to predict what will happen in any particular case, since no two cases are the same.

  • Is someone you trust: In order for an attorney-client relationship to be successful, the client needs to be able to trust the attorney. If you have any doubts about an attorney’s ability to represent you or you feel that you cannot communicate with a certain attorney, do not hire that attorney.

If you have been charged with DUI you need an experienced and knowledgeable DUI defense attorney. To schedule your free and confidential consultation, call us today at (785) 843-9460 or visit us online. We can also make arrangements to visit you in jail. With over 35 years of experience, attorney Charles E. Whitman of the Whitman Law Offices, will thoroughly review your case with you to make sure that you understand of all of your legal options.