While many people plead guilty without the assistance of a lawyer the first time they are charged with driving under the influence, doing so can be a huge mistake when you are arrested for DUI a second time. In Kansas, the mandatory penalties for a second DUI conviction are severe. The mandatory sentence includes time in jail, a treatment program, fines and suspension of your driving privileges. In addition, after your one year license suspension expires, you will be required to install an ignition interlock device on your car. An experienced DUI attorney in Overland Park KS can protect your rights and defend you against the charges.
Because DUI is a criminal offense, you have a number of rights that you should be aware of before your arraignment. Unless you admit to the offense, the state has to prove beyond a reasonable doubt that your are guilty of a crime. Your attorney may present evidence that shows your innocence or may merely dispute the state’s evidence.
You are not required to take the witness stand in a criminal trial. Because you have the right to remain silent, you can exercise that right and force the state to either prove their case against you, dismiss your charges or make a plea bargain. If you choose to take the witness stand, the prosecutor may also ask you questions about the events that led to your arrest. What you say on the stand can be used against you when the judge or jury decides whether you are guilty or innocent.
As a defendant, you have the right to confront witnesses. Your attorney can ask the police officers questions concerning your arrest and what led them to suspect you of DUI. Your DUI attorney in Overland Park KS may also dispute the results of the tests used to measure your blood alcohol level. When you choose an attorney, such as Gilby and Haynes Law Firm LLP, with extensive experience in representing people like you who have been accused of DUI for the second time, you can be sure that your lawyer understands the Kansas DUI laws and will aggressively fight to keep you out of jail.
