DUI/DWI Frequently Asked Questions
At my law firm, the Law Office of James M. Brun, LLC, I help people all the time who are facing DUI/DWI charges. I understand that they will likely have a lot of questions about the process. If you contact my office in Overland Park, Kansas, by calling 913-826-6229 for a free consultation, I can answer questions for you like:
1. I need to be able to get to work. How do I get my driver’s license back?
In Kansas, you only have 14 days from your DUI arrest to request a hearing, otherwise you could lose your license for up to a year. As your lawyer, I can represent you in a special administrative hearing and make sure you are in the best position to have your license restored.
2. I have already been convicted of DUI before. What will happen to me now?
If this is your third drunk driving arrest you will likely face felony DUI charges, which could mean up to a year in jail. It is important to talk with an attorney quickly if you are facing felony DUI charges because the penalties are so much more severe.
3. Should I have taken the Breathalyzer test?
In nearly all cases, you should take the Breathalyzer test. In Kansas, failure to do so can result in automatic license suspension, along with many other penalties.
4. My teenage child was arrested, but his BAC was allegedly less than .08. Is that legal?
In Kansas, your BAC only needs to be .02 if you are younger than 21 to receive a DUI charge. If your child is facing DUI charges, I can help you resolve them in a positive way so that your child’s future is not derailed by a mistake.
5. I didn’t answer the police when they asked me how many drinks I had. Was that OK?
Just like with any other charge, you have the right to remain silent. You should only answer questions when accompanied by an attorney, who can ensure you do not say anything to incriminate yourself.
6. I know I had not been drinking that much, but the Breathalyzer said my BAC was very high. Can you do anything about that?
As your lawyer, I can challenge any breath test results to make sure that testing equipment was functioning properly at the time of your arrest. That is why it is important that you seek legal counsel before agreeing to any plea deals.