Johnson County DUI / DWI Attorney

What is DUI / DWI?


In Kansas

Blood Alcohol Content (BAC) limit is set at 0.08% as measured within three hours of the time of operating or attempting to operate a vehicle for drivers over 21 years of age.

Blood Alcohol Content (BAC) limit is set at 0.02% for those under 21.

Blood Alcohol Content (BAC) limit is set at 0.04% for commercial drivers.

The “Law of Implied Consent”  means if you are stopped by a law enforcement officer on the suspicion of drunk driving with a Kansas drivers license he may test you with a breathalyser or by blood test to check Blood Alcohol Content (BAC). Refusing to take the chemical test will result in your license being revoked for a year. The punishment will depend on the severity of the offense and how many times you have been convicted.  If you have been pulled over by a police officer and either been charged or refused to take the test call Vincent Rivera immediately for a consultation.

DUI / DWI are not always open and close cases Vincent Rivera can challenge the charges against you.

DUI / DWI Laws & Consequences


If you or a loved one have been charged with DUI or DWI there can be serious life changing consequences. Call Vincent Rivera for a consultation immediately.

In Kansas, it is against the law to drive or attempt to operate a motor vehicle while having
a blood or breath alcohol concentration (BAC) of .08 or above.


Rivera Law, LLC
115 E. Park St, Suite C
Olathe, Kansas, KS 66061
(913) 210-0844

Vincent Rivera specializes in DUI / DWI charges.

Rivera Law, LLC represents clients in Johnson County and Wyandotte County, Kansas including cities of Olathe, Overland Park, Leavenworth and Douglas.

is treated as a Class B non person Misdemeanor.

  • 48 hours of mandatory imprisonment or 100 hours of community service.
  • Complete a court ordered alcohol and drug safety action education program
    and/or treatment program (at your expense).
  • Additional fine of$500 to $1,000
    plus court costs, probation and evaluation fees.
  • Driving privileges will be suspended for 30 days, then restricted for an additional 330
    days.
  • Your vehicle can be impounded for up to one year.
treated as a Class A non person Misdemeanor.

  • 90 days to one year imprisonment.
  • Fines $1,000 to $1,500 plus court costs, probation and evaluation fees.
  • Complete court ordered treatment program for alcohol and drug abuse (at
    your expense).
  • Driving privileges will be suspended for one year.
  • After a one-year suspension of driving privileges is completed, you are restricted to driving only a motor vehicle equipped
    with an ignition interlock device for one year. (Proof of such device’s installation
    and use shall be provided to the Division of Motor Vehicles before driving privileges are fully reinstated.)
  • Your vehicle can be impounded for up to one year.
treated as a non person Felony.

  • Charged with a felony offense.
  • 90 days to one year imprisonment.
  • Fines $1,500 to $2,500 plus court costs, probation and evaluation fees.
  • Complete the court ordered treatment program for alcohol and drug abuse (at
    your expense).
  • Driving privileges will be suspended for one year.
  • After a one-year suspension of driving privileges is completed, you are restricted to driving only a motor vehicle equipped
    with an ignition interlock device for one year. (Proof of such device’s installation and use
    shall be provided to the Division of Motor Vehicles before driving privileges are fully
    reinstated.)
  • Vehicle can be impounded for up to one year.
  • Charged with a felony offense.
  • 90 days to one year imprisonment
  • Fined $2,500 plus court costs, probation and evaluation fees.
  • You must complete the court ordered treatment program for alcohol and drug abuse (at
    your expense).
  • Your driving privileges will be suspended for one year.
  • For BAC of 0.15 or over, driving privileges will be suspended for ten years.
  • Any court may revoke a person’s license plate or temporary registration for a period of one year.
  • After a one-year suspension of driving privileges is completed, you are restricted to driving only a motor
    vehicle equipped with an ignition interlock device for one year. (Proof of such device’s
    installation and use shall be provided to the Division of Motor Vehicles before driving
    privileges are fully reinstated.)
  • At the end of the incarceration/work release program, you will be placed in the custody of
    the Secretary of the Kansas Department of Corrections for a one-year period of postrelease
    supervision which shall be required to include completion of a drug/alcohol
    treatment program (at your expense).
  • Your vehicle can be impounded for up to one year.
  • Your driving privileges can be permanently revoked.
If you are convicted of involuntary manslaughter while driving under the influence it is very possible to be imprisoned anywhere from 38 to 172 months. Keep in mind that if you have a DUI / DWI in another state this will also be considered prior criminal history DUI / DWI in the State of Kansas. If you or a loved one have been charged with Involuntary Manslaughter call Vincent Rivera immediately.
if you are convicted of a DUI who has a passenger under the age  of 14 years old will receive one month imprisonment added to their punishment.  This month of imprisonment will occur consecutively to the other punishment.

Notable DUI / DWI Success


“if you fail a SFST, you must be drunk” – During SFSTs client clearly told officers that he had medical problems which would prevent him from performing the tests. Officer’s didn’t care, and arrested him based on his performance, no breath test. Based on a letter from the client’s doctor, which said there is no way client could perform the tests. The State dismissed the felony, we plead to traffic infractions, unsupervised probation, and no jail time.

“still felony free” – During a felony DUI prelim, the State attempted to introduce a breath test result of .152. However, while the State was laying foundation, I asked to inspect the Officers certification, it turned out that the Officer was not certified to operate the Intoxilyzer 8000 at the time of the arrest. Eventually, we made a deal for misdemeanors. Client remains felony free.


Contact Vincent Rivera if you need help with your DUI / DWI