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DUI FAQ

Frequently Asked Questions

Experienced DUI Attorney Serving Olathe and all of Johnson County

  • Will my driver's license be suspended for a DUI/DWI?

Yes. You have to request a driver's license hearing within 14 days in Kansas and 15 days in Missouri or your license will automatically be suspended.

  • Can I get a Restricted Driver's License to drive to work or school?

No, not in Kansas. You may in Missouri if you work or live in Missouri or have a Missouri driver's license.

  • How do I get my license reinstated?

Stay in contact with my office and we will assist in having your license reinstated. You may need to pay a reinstatement fee, complete the license re-examination and file an SR-22 insurance.

  • If I have a Missouri driver's license and receive a DUI in Kansas, will my license be suspended?

No, not for an administrative decision. But your license could be suspended in Missouri if you receive a conviction in Kansas for the DUI.

  • Do I have to take the Standard Field Sobriety Test, Preliminary Breath Test or Breath Test?

No. If you have ever been previously arrested for a DUI, you should refuse the standard field sobriety tests, the preliminary breath test and the breath test. Many people are confused because they are asked to take both the preliminary breath test and the breath test. I have numerous clients who take the preliminary breath test but then refuse the breath test because they believe they have already cooperated.

  • If I post bond, will I get that bond money back?

Only if it is a cash bond. If you posted bond with a bondsman, that money has been spent as a premium.

  • Am I facing a jail term if convicted of a DUI?

On a first offense, you can avoid serving jail by completing Diversion. On a second-time DUI, you are facing a minimum of five days in jail. There is the possibility of avoiding most of the jail sentence by completing a 48-hour Weekend Intervention Program followed by house arrest. On a third-time DUI, you are facing a felony, which results in a minimum of 90 days in jail.

  • Will I have to take color code urinalysis?

Depending on where you were arrested. Hiring the right attorney can affect the level of supervision on Diversion or Probation.

  • Can I get my DUI conviction taken off my record or have it expunged?

Only if you were convicted prior to July 2006. You would have to complete your term of Diversion or Probation and three to five years have elapsed since that time without any arrests.

For more answers to your questions, contact an Olathe DUI attorney at The Law Office of John Harvell today!

Why Choose John Harvell?

  • Build Compelling Defense Strategies That More Effectively Protect My Clients' Rights
  • Highly Knowledgeable Regarding All Major Updates to Kansas DUI Laws
  • Former Prosecutor, Understanding Both Sides of The Courtroom
  • Nearly 30 Years Representing Clients Throughout Kansas

Client Testimonials

    "Successful defense"
    Mr. Harvell and I worked closely together and created a successful defense on both the driver's license suspension and the DUI charge.
    - DC
    "Withdraw the motion"
    ...the prosecutor agreed to withdraw the motion.
    - CP
    "Case was dismissed"
    After appearing for a hearing to revoke probation, the case was dismissed.
    - RB
    "Charges were dismissed"
    Mr. Harvell filed a Motion to Suppress because of an illegal car search. Prior to trial, the charges were dismissed.
    - TC
    "Request for diversion"
    My work requires a security clearance, and it was very important that I did not receive a conviction for this matter.
    - AT
    "Important result"
    I am from a foreign country and was facing deportation. This was a very important result.
    - CK
    "Charges dismissed"
    After I hired Mr. Harvell, he contacted my witnesses and convinced the prosecution that charges should be dismissed.
    - MM
    "You rock John"
    This is such a relief. You rock John.
    - RK