DUI charges are not selective as through race, class or gender. I have represented doctors, lawyers, and professors. I have represented business people. I have represented college students. I have represented people who are poor. Black, white, Hispanic. Males and females. It is the common man’s crime. If there is a crime that everybody for the grace of God commits, it is driving under the influence. That is unfortunate, because we find a lot of really good people who get charged with driving under the influence, and for some of those people it will affect their careers. It affects their lives forever.


People believe it is no big deal. That a conviction for a DUI is like that serious traffic ticket. It is like a speeding ticket, except the fines are worse and then you can get on with life and everything will be fine. That is not always true, because DUIs, depending upon the year, in Kansas particularly, stay with you for the rest of your life. If you get a diversion for a DUI, you can never ever get another diversion for a DUI. Most other crimes in Kansas are expungable, you can have them erased from your record after a number of years. Kansas varies between whether it is expungable or not and how many years you have to wait before it can be erased.

A conviction for a DUI can affect employment. You cannot work at a bar or serve alcohol if you have a conviction for a DUI. I have had people who were teachers who had employment contracts terminated after they got a DUI. I am currently representing a couple of people, one of them who is a coach, and a DUI conviction for that person ended his career because he is not able to drive a company vehicle with a DUI conviction on his record. So if you are a professional truck driver, the federal regulations suggest that you cannot get a diversion if you get a DUI. It does not matter whether you are driving a commercial truck or not.

If you have a commercial driver’s license. For example, a lot of people in my area are farmers. So many of those farmers have a semi-truck that they use for harvest. So they get a CDL so they can operate that truck for a period of time. Where other people might be eligible for a diversion, the federal regulations suggest, but may not require that the prosecutor may not divert that person for a DUI, where anybody else that had a CDL would be able to get a diversion. The effect of the DUI is one misconception. The second thing that is a large misconception is that a DUI case is a simple legal case. Every lawyer should be able to represent anyone who gets charged with DUI.

There are many lawyers out there that take on representations for DUI. A DUI is probably one of the most difficult scientific cases that a person can take on. It is, because of the way that the testing is done; the evidence, the alcohol concentration, the number that you get from the reading, is always in suspect because the equipment that is being used to test is full of error or potential errors. You need to understand; a person who is going to do DUI work needs to understand the physiology about how the body absorbs and dissipates alcohol within the system and the mechanics of what is it that the machine does when it tests for alcohol.

You have to understand both human anatomy and physiology, and you have to understand a lot about engineering in order to be able to appropriately attack or question any result from either a breath testing machine or from a blood test with gas chromatography.


In most mid-sized cities and large cities, there are now new organizations that collect arrest records. In small towns, they still do the same, but they put them in the police blotter section of the paper and say this person was arrested, or a person was arrested. In many of the places that I work, they have people who will post within a week of a person being arrested the name of the person who has been arrested and what they were arrested for. Then that gets put on the internet.

While we all want to be able to keep these kinds of things private, the reality is that in many communities, particularly larger communities, a person can simply Google a person now. If you Google a person’s name, they can find that posting showing what they were arrested for. So my default position is I tell people you better assume that your friends, family, and bosses will know that you have been arrested. Bad news never becomes better if it gets to them third-hand. So, my advice is generally people should let their employer know that they have this arrest on their record.

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