DUI/DWI/OUI Attorneys in Overland Park, Kansas

If you can relate to the fear of getting pulled over and charged with a DUI, then you might be in the majority. It's true that these charges can stay with you for a long time, but that depends on the specific nature of the charge. Let go through what makes DUI, DWI, and OUI unique from each other, if anything.

What's the Difference Between DUI, DWI, and OUI in Kansas and Missouri?

These acronyms are often used interchangeably, so if you've been charged with one of these you may be wondering why that one and not another. The difference simply comes down to what state you're in.

  • DUI - Driving Under the Influence. In Kansas, statutes read "Driving Under the Influence," so if you're on the left side of the state border, you might be charged with a DUI if your blood alcohol concentration (BAC) is 0.08 or higher.  
  • OUI - Operating While Under the Influence. Some jurisdictions in Kansas have statutes that refer exclusively to "Operating Under the Influence." The charges for OUI and DWI are the same, but in Kansas you must request an administrative hearing within two weeks (14 days) of being served the pink form (DC-27). This will protect your right to drive in Kansas.
  • DWI - Driving While Intoxicated. If you're in Missouri, you'll be charged with a DWI if your BAC is over 0.08 - the laws are the same, except that in Missouri you have 15 days to request an administrative hearing.

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What "Implied Consent" Can Mean For You

Both Kansas and Missouri are "implied consent" states. Implied consent means that, if you get pulled over on suspicion of DUI, OUI, or DWI, you have the right to refuse to take a breathalyzer test. The truth is, the absence of these test results can help your case tremendously.

However, if you refuse the test, there are consequences to consider: you are subject to a fine and a driver's license suspension that may last anywhere from six to 12 months. This kind of suspension may also result in your insurance company cancelling the policy you have on your vehicle.

Unique DUI/DWI/OUI Defense Tailored to Your Case

We may approach the case from a technical standpoint if there has been an issue with the breath or blood alcohol test. We may focus on the initial basis for the traffic stop or the officer’s subsequent investigation.  The important element to remember is that every individual’s case is unique and must be thoroughly reviewed to develop and apply the specific defenses for that particular case. Focusing on the unique nature of every case, we will closely review all video and audio records because we know that the smallest detail can often result in a favorable outcome.

The decision is yours to make, but it's best to have a plan ready in event that you get pulled over. If you've already been charged, however, you need to find the right attorney to handle the case. Regardless of the acronym you're facing, only an experienced attorney like ours at Erker Law Firm can help. Get in touch with us today to learn more about your situation.

Leaders in DUI, DWI, and OUI Defense on Both Sides of the Kansas/Missouri Border

When it comes down to it, you need to know your rights and consequences if you get charged with a DUI, DWI, or OUI in Kansas or Missouri. For instance, you have the first to refuse a breathalyzer test and save yourself the evidence of damning results. If you’re facing these charges, rest assured that the capable lawyers at Erker Law Firm, P.A. will get you through the ordeal.