When a driver makes the decision to get behind the wheel of a vehicle after
he or she has been drinking puts other in danger. Numerous reports have
shown that driving under the influence (DUI) can have a direct impact
on a driver's senses and ability to control his or her vehicle. Lawmakers
recognize the dangers to the community, and if you drive with a blood
alcohol concentration (BAC) of 0.08% or more you will face criminal charges
in Kansas and throughout the USA. Each state has its own
DUI laws and penalties will vary depending on the level of intoxication as
well as whether the driver caused an accident resulting in serious injuries
or a fatality. While it is true that drunk drivers need to be keep off
the roads, it is also true that drivers accused of driving under the influence
have constitutional rights. It is those rights which must be respected
and upheld by law enforcement officers, prosecutors and the justice system itself.
In some recent cases police have either attempted to force suspected DUI
drivers into submitting to blood & breath tests or they have authorized
blood be drawn from suspects without first obtaining a proper search warrant.
These violations of a driver's 4th Amendment rights have been committed
under the guise that evidence of intoxication (in the form of the driver's
BAC) will be lost if the blood & breath tests are not performed at
once. The Supreme Court disagrees however, as they recently confirmed
with an 8-to-1 vote that drunk drivers have rights too. The Supreme Court
clearly stated that police do not have the absolute authority to draw
blood without first obtaining a valid search warrant based on probable cause.
If you or a loved one has been arrested or charged with DUI you could be
facing the suspension of your driver's license, expensive fines, a
lengthy probation and/or extensive jail time. My firm and I have spent
many years helping individuals defend themselves against DUI and various
other criminal charges. I am a former prosecuting attorney and have worked
with the District Attorney's Office in Wichita, Kansas. Through my
work there, and with my knowledge and expertise in the field of criminal
defense law, I am able to offer clients in Olathe a comprehensive understanding
on how their case will be tried and work with them closely to develop
an well-crafted criminal defense strategy.
Contact The Law Office of John Harvell and schedule an appointment
to meet with
Olathe criminal defense attorney
, Mr. Harvell to discuss your case and the options for your defense. We
will protect your constitutional rights.