MICHAEL R. CLARKE

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CRIMINAL DEFENSE ATTORNEY

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Driving Under the Influence of Drugs and/or Alcohol

Getting arrested was probably one of the worst experiences in your life.  Most people come away feeling embarrassed or humiliated.  It’s okay if you’re feeling that way, just know that the worst is probably behind you and things are going to get better.


DUI is a unique crime in the United States in that people from all walks of life find themselves charged with DUI.  You’d be surprised how many people you know including doctors, lawyers, company CEOs and even police officers have been charged with DUI sometime in their lives. If you’ve been charged with a DUI it doesn’t mean you’re a bad person. DUI charges are usually the result of a error in judgment.  People typically don’t consciously drive under the influence of drugs and/or alcohol.  Instead, people drive under the mistaken belief that they are “okay” to drive.  Unfortunately, there isn’t any practical way for most people to know what their blood alcohol concentration is before they start driving.  Advances in technology may solve that problem in the next few years but for the time being we have to rely on our own judgement and our family and friends to help us make good decisions about drinking and driving.

In Kansas, a first offense DUI is a class B misdemeanor which carries a maximum sentence of 6 months in jail and a $1,000 fine.  What makes a DUI different from other offenses is that a first offense DUI conviction carries a mandatory minimum sentence of 2 days in jail and a $750 fine.  Unfortunately, if this isn’t your first DUI, the penalties will be worse if you’re convicted.

Driving Under the Influence of Drugs and/or Alcohol Penalties

There are also license consequences if you have been arrested for a DUI. To try to avoid loosing your license, you must request a hearing within 14-days of your breath/blood test failure/refusal.  The license hearing is separate and distinct from the criminal case.

Alcohol Actions Chart

If you’ve been charged with a DUI you’ll have to decide whether to take the case to trial, plead guilty (usually not a great option) or apply for diversion (only a option on a first offense DUI).  There’s no way to know which option is right for you until we review the evidence in your case including the arrest report, arrest video and breath or blood test records.

Other Things To Know

If you've been charged with a DUI or OUI, call me or complete the questionnaire on this page and I will get back with you as soon as I can.  
























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DUI/OUI

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