THE LAW OFFICE OF DENISE KIRBY     KANSAS CITY'S AWARD-WINNING DWI DEFENSE     816.221.3691

 

 

 

 

 

NOT AN ORDINARY CITY.

NOT AN ORDINARY ATTORNEY.

About | THE LAW OFFICE OF DENISE KIRBY

 

 

i bring a personal and effective approach

to every case i work on,which is why

my clients appreciate me

and why they refer me to their friends.

 

 Click Here To Learn More

 

Overview
I have lived in the Kansas City area most of my life, and I have practiced law in Kansas City since I graduated from Georgetown University Law Center in 1994. I am licensed to practice in Missouri and Kansas.
I am the President of the Missouri DWI Defense Institute and the Missouri Society for Criminal Justice. I am the Co-Chair of the Bernie Edelman DWI Law & Science Seminar, which is the largest DWI training seminar for attorneys in the state, with over 300 DWI attorneys attending each summer. I am on the Board of Directors for the Missouri Association of Criminal Defense Lawyers, and I am one of only 4 members of the MACDL DWI Committee.

Awards & Honors

Top 100 DWI Attorneys – National Association for DUI Defense
“10 Best” Criminal Lawyers in MO Based On Client Satisfaction – American Institute of Criminal Law Attorneys
Top 100 Trial Lawyers – The National Trial Lawyers
Top 100 Criminal Defense Lawyers – The American Society of Legal Advocates
Top 1% – The National Association of Distinguished Counsel

Leadership
PresidentMissouri DWI Defense Institute
President – Missouri Society for Criminal Justice  
Board of Directors – Missouri Association of Criminal Defense Lawyers  
DWI Committee – Missouri Association of Criminal Defense Lawyers

Speaking Engagements
Bernie Edelman DWI Law & Science Seminar  – I am honored to be the Co-Chair of the Bernie Edelman DWI Law & Science Seminar, which is the largest DWI training seminar for attorneys in the state, with over 300 DWI attorneys attending each summer.  
Challenging Prior Convictions in the Criminal DWI Case I frequently lecture on this topic across the state of Missouri.
The 2017 Criminal Code Revision The Missouri DWI Defense Institute – Program Chair
Defending Drug Cases in State Court Part One & Part Two   – Missouri Bar Association
Missouri DWI – What You Need to Know to Protect Your Client   – Missouri Bar Association
What You Need To Know – Kansas City Municipal Court – Kansas City Metropolitan Bar Association   
Municipal Court Update – Defense Forum – Kansas City Metropolitan Bar Association

Education
Georgetown University Law Center – Juris Doctor, 1994  
Missouri State University – B.S. with honors, 1990
NHTSA Certified in the Administration of Standardized Field Sobriety Tests
Publications
DWI Law & Science   2012/2015
Work Experience
Shook Hardy & Bacon – Kansas City, MO    1994-1996  
The Law Office of Denise Kirby   1996- Present

Many attorneys think administrative license hearings are

rarely winnable, as the win rate for drivers

in the state is reportedly 4%.

My win rate in 2016 was over 90%.

 

What My Clients Say About Me

(current reviews)

Very Grateful

Denise was able to get my DUI completely dismissed. I was worried about possible jail time after doing some of my own research. In my case I blew twice the legal limit and was involved in an auto accident. Denise was able to get my DUI dismissed and careless and prudent driving reduced to a non moving violation. Her price was very reasonable and all of the money that she saved me with tickets and insurance premiums will make her cost all that more worth it. In the end I did not have any points to my driving record and never lost my license. I would highly recommend Denise to anyone needing help with a DUI.
.

True Professional

Search no further — you have found your lawyer here in Denise Kirby. Denise took the worry away and did a remarkable job. She was always calm, professional and very patient with my many, many questions. She took the time to answer everything and got back to me in a very timely manner. A true professional who knows her stuff. We never had to step foot into a courtroom. She took care of everything. I highly recommend her.

Great Attorney!

Denise gave me realistic expectations in our initial meeting, Then, she delivered better than expected results. I would recommend her to my friends or anyone!!!

Great Representation

Denise Kirby met all of our expectations and then some.
When our daughter went through her rebellious years she was in legal trouble on more than one occasion.
We were with another attorney prior to the third offense. We left that counsel not because of the outcomes but because he did not seem to care. We were not confident he was fighting for the best results.
While Denise was realistic with what we could expect both good and bad she still fought for the best scenario until the end. We certainly felt she was invested. While every situation is different we were confident that Denise went back on the first two offences and negotiated a better end result than we would have expected with our previous counsel. She dealt with some particularly difficult prosecutors who initially seemed unwilling to waiver. Denise was patient and continued to work on the negotiation. While we ended up paying for representation twice for the first two offences, it was well worth it. Her processes were very thorough. She examined all previous cases to ensure nothing was missed. Through out the process she also served as a positive female roll model. An added bonus.
We would recommend Denise without hesitation.

DWI Case

Quickly after I was unfortunately arrested on a DWI charge in Kansas City, MO, I found Denise’s information here on the Avvo website. After reading all her great reviews, she was the first lawyer I called, and I ended up hiring her immediately after consulting with her. Out of all the lawyers I talked to, she had the most experience and was the most confident she could get me a positive outcome in my case. Turns out, the review were absolutely correct! Denise got me a better deal than I expected, and it was certainly the best outcome I could have gotten in my case. I even got my license back much sooner than I expected! Thanks again Denise!

Best In The Business

When I realized I needed a lawyer I didn’t know who to call or what to do. I looked online and read great reviews about Denise so I called her and had immediate relief. I came into her office for a free consultation and she let me set up a payment plan since I didn’t have all the money up front. For my situation, I had two different cases: license and criminal. Denise Literally went above and beyond to WIN BOTH CASES. The win percentage on license cases in Missouri are 4% and she personally has won 90% of those the entire year! Anytime I hear about someone with a DUI or DWI I immediately give them her number. If I ever found myself in another situation like this I would only call her! If I could give her ten stars I would!!

Excellence

Denise won my refusal case and got my DWI knocked down to a non-moving violation with a $200 fine. She showed such a great professionalism and work ethic. Immediately after my first consultation with Denise she put to rest any fears or concerns regarding to the case that I had. She kept in great contact with me when it came to court dates and payments that need to be made. I can honestly say she made the whole legal process so quick and painless. She’s the Best at what she does for a reason. Thanks again Denise.

Stop looking, she is really, really good, thanks Denise!

Hi, I was arrested for my second DWI, and I have a commercial driver’s license. I had been convicted on my first DWI in 2011. Denise explained that I would have to win both my license hearing (I refused the breath test) AND my criminal case in order for me to not lose my commercial license for the rest of my life. That is my career. Denise was expensive, but I felt like I had the best shot with her, and I was willing to spend that money to have a chance to win. I can’t thank her enough. I was worried the entire time, but she did it. I didn’t lose my license, and my DWI was dismissed. She works really hard and I feel like she actually cared about me and my case. I thanked her so many times, but I can’t thank her enough. Thanks you again Denise!

She actually cares about you, you're not just a dollar sign.

Denise was amazing! It’s scary looking for a DWI lawyer for your first DWI. You want someone who is going to get you out of the mess unscathed. As a medical professional, a lot was on the line to make sure I got out with nothing on my record, as licensure is at stake. This is not something I wanted to go in front of the boards for. Denise listened to my entire story, and spent hours in front of videos and audio recordings of the events in order to find an out. She compassionately explained the entire process to me so that it wasn’t so unknown and frightening. She then explained what things I did right, what things I did wrong, and what things the law inforcement did wrong. It was amazing. Then, at the end, I got out with zero on my record, that’s after an accident involved DWI case. (That is almost impossible to do for those who don’t know). She allowed me to get back to my life and be able to breathe knowing that someone was handling my case who actually cared about who I was as a person as what I was doing in life. She understands that people sometimes make mistakes but shouldn’t suffer for the rest of their life for them. She invests in her clients. I just can’t say enough about how thankful I am to have chosen her. She knows the system, she was the only person who was willing to spend the time pouring over videos to find an out in the situation. She did her homework and got me out clean. If you’re looking for a DUI/DWI lawyer, don’t go for some cheap guy who promises you’ll walk away from it with a parking or littering ticket. So many promised that when I was shopping around at first and when I asked how, they just said that they were the top in the area and they know people. This was usually even before they heard my entire recalling of the events as I could remember them. Don’t be fooled. It’ll still go on your record. Go with someone who has been doing this for a long time, knows how it works, and will spend the time researching your case, and most important, someone who actually cares about you. As for me, I highly suggest denise. If I had to go through this whole terrible ordeal again, I would definitely go with her every time. She was really there for me and helped keep me calm during the process. She even followed up a few weeks after just to make sure I got my license back in a timely fashion, which, again, as a medical professional, was important to me. Not only a great lawyer, but also a great person. I am going to post this review on as many lawyer review sites as I can find, that’s how good she was.

My promise is simple:

I will do my best to get the result you desire

in your DWI case.

Denise Kirby

Sample Case Results – 2015 & 2016

 

When you blow over .08, you are subject to a license suspension or revocation. In order to attempt to avoid a suspension or revocation, you must request an administrative license hearing within 15 days of the date of your arrest.
Many attorneys think these hearings are rarely winnable, as the win rate for drivers in the state is reportedly four percent. Not very good odds, right?
My win rate in 2016 was over 90%. I lost two administrative hearings. I appealed one of those losses and won the appeal, so in the end I only lost one hearing all year, meaning I only had one client whose license was administratively suspended in 2016.

 

Officer saw client leave a bar and saw her travel off the roadway to the right several times and cross the center line, nearly striking the concrete median. The officer noted the smell of alcohol from client’s breath, eyes that were staring, glassy, and bloodshot, and said she was swaying and staggering. Client admitted to a couple drinks. Officer testified that client failed all the standardized field sobriety tests and tested positive for alcohol on the preliminary breath test. Client was arrested and then tested .161 on the evidentiary breath test.
I won client’s administrative license hearing so her license wasn’t suspended, and I got her DWI dismissed. Her aggressive driving ticket was amended to a non-moving violation with a $300 fine.

 

Client was charged on Christmas Day with his seventh DWI, a B felony. Two officers said they observed client squeal his tires, drive at a high rate of speed while weaving in and out of traffic, fail to use his signal for some lane changes, and pass a vehicle and drive straight while in a dedicated turn lane. Officers noted the smell of alcohol from client’s breath, bloodshot and glassy eyes, and slurred speech. They testified that he failed the walk and turn and one leg stand tests. Client was arrested and refused the evidentiary breath test.
Case dismissed.

 

Client went through a DWI checkpoint. Officer noted the smell of alcohol on client’s breath, client’s admission that he’d just come from a bar in Power & Light, that his eyes were very glassy and watery, that he swayed, and that his speech was slurred and mumbling. The officer testified that client failed the HGN (eye) and the walk and turn tests. Client was arrested and refused the evidentiary breath test.
Result: The client’s DWI was amended to a non-moving violation, and client’s license was not revoked.

 

Client went through a DWI checkpoint. Trooper noted her eyes were bloodshot, watery, and glassy, and he smelled the strong odor of alcohol on her breath. She admitted to drinking one beer. The Trooper noted that she swayed as she walked, and she failed the HGN (eye) and walk and turn tests. Client was arrested and refused the evidentiary breath test.
Result: I won client’s refusal hearing so her license wasn’t revoked, and I got her DWI dismissed.

 

Officer responded to an accident. Officer observed client to have poor balance and swaying as client approached him, and he smelled alcohol on client’s breath. Client told officer that he had fallen asleep and had awakened when his vehicle was in the median heading toward a vehicle on the other side of the highway, which he hit. The officer noted bloodshot and watery eyes, swaying and staggering, and testified client failed all standardized field sobriety tests miserably. Client was arrested and blew .180 on the evidentiary breath test.
Result: I won client’s administrative license hearing, so his license wasn’t suspended. I got his DWI dismissed. His careless and imprudent driving charge was amended to a non-moving violation.

 

Trooper observed client pass a vehicle and then cut in and overtake the vehicle, forcing the other vehicle to change lanes to avoid being struck. He observed the vehicle accelerate suddenly and clocked client’s speed at 83 MPH. Trooper said client’s eyes were watery, glassy, and bloodshot, and noted the strong odor of alcohol on her breath. He noted her balance was uncertain, she swayed as she walked, and her speech was slurred. She admitted to drinking two beers. Trooper testified she failed all three standardized field sobriety tests. Client was arrested and blew a .163 on the evidentiary breath test.
Result: Case Dismissed.

 

Client had a commercial driver’s license and a prior DWI conviction. He was stopped for speeding, running a red light, failing to maintain a single lane, failing to use his signal to change lanes, stopping in the cross walk, hitting a traffic cone, crossing the center line, and blocking the roadway. Officer noted he smelled alcohol on client’s breath, and he stumbled as he walked to the rear of his vehicle. Client admitted to drinking. Officer testified that client failed the HGN (eye) test and refused to perform the other standardized field sobriety tests. Client was arrested and refused the evidentiary breath test.
I had to win both his refusal hearing and his criminal DWI case, or he would’ve lost his commercial license (his career) for the rest of his life. I saved his license and his DWI was dismissed.

 

Client was charged with his third DWI after he was involved in an accident. Client told the officer he had left a bar after having some drinks, and he the hit a vehicle that stopped in front of him. Officer noted a strong odor of alcohol from client’s breath, his eyes were glassy, watery, bloodshot, and staring, his walking was uncertain, staggering, and stumbling, and his speech was slurred, mumbling, and confused. He testified that client failed all of the standardized field sobriety tests. Client was arrested and refused the evidentiary breath test.
Result: Client did not lose his license, and he was not convicted of an alcohol offense.

 

Client was stopped for speeding and crossing the center line twice. The officer noted the strong odor of alcohol from client’s breath, and bloodshot and glassy eyes. Client admitted to a couple of drinks. Client failed the HGN (eye) test and counting backward. The preliminary breath test was positive for alcohol. Client was arrested for his second DWI and blew a .098 on the evidentiary breath test.
Result:  I won client’s administrative license hearing, so his license was not suspended. I got his DWI case dismissed.

 

Client drove through a checkpoint. The officer noted the smell of alcohol on client’s breath, as well as watery, glassy eyes, and that client was swaying. He failed the HGN (eye) and walk and turn tests, and he tested positive for alcohol on the preliminary breath test. Client admitted to drinking several beers. Client was arrested and blew .146 on the evidentiary breath test. 
Result:  His DWI charge was amended to improper lane use with a $250 fine.

 

Officer observed client stopped in the middle of the street for over 20 seconds. When the officer pulled up next to him, client noticed the officer and suddenly accelerated. The officer noted a strong odor of alcohol on his breath, as well as watery and bloodshot eyes, and said client’s balance and walking was uncertain, swaying, and stumbling. He administered six tests on client, and testified he failed five and refused one. Client was arrested for his second DWI and refused the breath test.
Result:  Client hired me too late to fight the breath test refusal. His DWI charge was amended to improper lane use with a fine. No probation, no classes.

We all make mistakes. No exceptions.

Even when we have positive intentions, we may find ourselves in a legal predicament.

For the vast majority of us, being charged with driving under the influence is a very stressful event. But it’s not the end of the world, and we can definitely deal with this situation.
We have the power and the ability to take proper measures to improve our circumstances and to learn from what occurred.

Call | Me

Get In Touch.

let’s talk about your case.

i can help.

816.221.3691

  • 2300 Main Street #900
    Kansas City, MO 64108
    Google Map
  • Mon-Fri: 8:30am → 5:00pm
    Sat: Closed
    Sunday: Closed
Custom description here

WHY I do what I do.

Yes, many clients seek help because mistakes were made and help is needed. I stand ready, willing, and able to help. That said, there are additional motivations behind WHY I do what I do.
My primary motivation is preserving our freedoms against “watered down justice.”

 My Philosophy  

 

 

My | Approach

unique with a

blend of talents that allow

me to offer a diverse

range of defenses.

Every case is as unique as the person being charged. There is no cookie cutter defense and every aspect of your defense is personalized to your needs. Every case has a myriad of available defenses that only reveal themselves when we search for them.Comprehensive means complete It starts with your genetics and health history and continues all the way to resolution.
Every single aspect of a case can be a potential defense when one has laser-like focus to uncover them. Comprehensive and Personalized means exactly that. personalized to YOUR needs and comprehensive in that I seek maximum results. I take on a limited number of clients at a time so your DUI defense is never compromised.

 

 Learn More

FAQ | Your Questions

Here are some

Answers to

frequently asked questions.

You gave a blood test. Now what?
Blood tests can be challenged on numerous grounds in Missouri DWI cases. There are specific methods that must be followed in extracting, storing, moving, and testing blood samples. There are personnel and lab qualifications that must be met. There are many issues surrounding blood samples that can be brought to light.      READ MORE
You gave a breath test. Now what?
Whether you were asked to blow in the roadside handheld gadget or into a larger more accurate machine at the police station, the truth remains that BAC breath test machines are not perfect. They have to be calibrated and they have to be properly administered by a qualified person. I will provide a few of the potential defenses that may be available to you. READ MORE
How do they convict for DUI?
In Missouri there are two separate and distinct ways to convict a person for driving under the influence of alcohol. So, what are those two situations? How are they different? I will explain. READ MORE
Why do lawyers tell you to keep quiet?
It’s not by mistake that the Miranda warnings start with: “You have the right to remain silent. Anything you say can and will be used against you in a court of law.” READ MORE
What is BAC?
Erik Widmark was a Swedish researcher and a pioneer in researching ethanol (or alcohol) in the body. His work has been and remains very influential in forensic alcohol analysis. READ MORE
Would I guarantee results in your DUI case?
No — and here is why.I cannot guarantee that which I cannot control. Simple. READ MORE
How Quickly Does Alcohol Affect Ability To Drive?
How fast one is placed under the influence depends on numerous factors. Age, gender, weight, health, metabolism rate, , type and amount of alcohol, how much food and when, mood medications, tolerance, and a host of other variables affect how rapidly one goes under the influence of alcohol or ethanol..Impairment is not instant. Alcohol must reach the brain before there are any mental and ensuing physical impairments that ultimately affect operating a vehicle. READ MORE
Test Above .08
If you took a test that resulted in a BAC reading of .08 or more (blood, breath, or urine), we must request an administrative hearing within 15 days of the date you were served notice of the suspension..This is usually served at the time of arrest, and includes a temporary license. If a hearing isn’t requested within 15 days, your driving privilege will be suspended. READ MORE
Blood Alcohol Testing
“Whole Blood”, Plasma, or Serum.In a given blood sample, the “whole blood” version of that sample will contain less water than the serum or plasma versions of that sample. Because of the difference in water content, and the solubility of alcohol in water, the tests of the more water filled serum or plasma will yield a higher BAC reading than the test of the less water filled (and red and white cell filled), “whole blood”. READ MORE
Blood Fermentation Defense
When blood is drawn for a blood alcohol concentration (BAC) test, numerous steps and specific protocols have to be followed in order to obtain a result that is reliable or scientifically sound. READ MORE
Your DWI In Court
Court case and driver license hearing. When charged with DWI in Missouri, there will be two forums in which defense or representation is required. They are distinct actions, yet interrelated. I will explain. READ MORE
Refused A Test?
If you refused a test, or a second test, we must file a petition. A Petition for Review in the Circuit Court of the county in which you were arrested must be filed within 30 days of the date you were served notice of the revocation. This is usually served at the time of arrest, and includes a temporary license. READ MORE
Suspended or Revoked?
How long is license suspension or revocation?.The length of any suspension depends on various factors such as whether there was a refusal to submit to a chemical test, the number of previous charges, etc. READ MORE
Rising Blood Alcohol Defense
What is the Rising Blood Alcohol Defense?.You may have heard someone was acquitted in a drunk driving /DWI case because his blood alcohol was on the rise. What exactly does that mean? What does that defense entail? READ MORE