Olathe Aggravated DUI Attorney

Facing Felony DUI Charges in Johnson County? Trust the Experience of Garretson & Toth, LLC

If you or a loved one are facing aggravated DUI charges in Olathe, Kansas, it is crucial to have competent legal representation by your side. Aggravated DUI is a serious offense with severe consequences, and navigating the complex legal system requires the expertise of skilled attorneys who specialize in DUI defense. 

At Garretson & Toth, LLC, we are committed to providing aggressive and effective defense strategies to protect your rights and achieve the best possible outcome in your case.

Call us today at (913) 971-0296 or contact us online to speak with an Olathe aggravated DUI lawyer.

Understanding Aggravated DUI in Kansas

In Kansas, a DUI (Driving Under the Influence) offense is considered aggravated under certain circumstances. Aggravated DUI charges typically involve factors that heighten the severity of the offense, such as:

• Multiple Offenses: If you have prior DUI convictions, subsequent DUI offenses can be charged as aggravated DUI. Each subsequent conviction carries increasingly severe penalties, including longer license suspensions, higher fines, mandatory jail time, and the installation of an ignition interlock device.
• Excessive Blood Alcohol Concentration (BAC): If your BAC level at the time of arrest exceeds the legal limit of 0.08%, it can lead to aggravated DUI charges. The higher the BAC level, the more severe the penalties can be, including extended license suspensions, mandatory alcohol education or treatment programs, and potential felony charges.
• Driving with a Suspended License: Operating a motor vehicle under the influence while your license is already suspended or revoked due to a prior DUI offense is considered an aggravated DUI. This offense carries severe penalties, including substantial fines, extended jail time, and prolonged license suspension or revocation.
• Causing Bodily Harm or Death: If your DUI offense results in causing bodily harm or death to another person, you may face aggravated DUI charges. These charges are the most severe and can lead to lengthy prison sentences, substantial fines, and permanent license revocation.

Potential Penalties for Aggravated DUI in Kansas

In Kansas, the penalties for aggravated DUI are significantly harsher than for a standard DUI. Here are the potential penalties:

• Fines: Fines for aggravated DUI can range from $1,500 to $2,500 or more, depending on the specifics of the case and prior offenses.
• Jail Time: Typically, a first aggravated DUI conviction can result in up to 7 months in jail. For repeat offenders, the jail time can increase significantly, often resulting in longer sentences.
• License Suspension: A conviction for aggravated DUI generally results in a license suspension of at least 1 year, with longer suspensions possible for repeat offenders.
• Probation: Instead of or in addition to jail time, the court may impose probation, which comes with its own set of requirements, including regular check-ins with a probation officer and compliance with treatment programs.
• Alcohol Treatment Programs: Courts often mandate participation in alcohol treatment or education programs, which can be both time-consuming and costly.
• Community Service: Convicted individuals may be required to complete a certain number of hours of community service as part of their sentence.
• Criminal Record: An aggravated DUI conviction results in a felony criminal record, which can have long-lasting implications on employment, housing, and other areas of life.
• Enhanced Penalties for Injury, Death or Child Endangerment: If the aggravated DUI results in injury or death to another person, or if a minor is present in the vehicle at the time of the offense, the penalties can escalate dramatically, including longer prison sentences and higher fines.

Legal Process for Aggravated DUI in Kansas

The legal process for aggravated DUI in Kansas begins when an individual is pulled over and arrested for suspicion of DUI, particularly if aggravating factors are present, such as a high blood alcohol concentration (BAC), prior convictions, or the presence of a minor. 

After the arrest, the individual will typically receive a citation and be taken to the local jail for processing. An arraignment will follow, where the charges are formally presented in court, and the defendant will enter a plea. This initial court appearance is crucial, as it sets the tone for the rest of the legal proceedings.

Following the arraignment, pre-trial motions and hearings may occur, during which the defense can challenge the legality of the traffic stop, the accuracy of breath or blood tests, and other evidentiary matters. If a plea deal is not reached, the case may proceed to trial, where both sides will present their arguments and evidence before a judge or jury. 

If the defendant is convicted, appeal or sentencing will take place, where the court will impose penalties that may include fines, jail time, and license suspension. Throughout this process, having an experienced attorney is essential for navigating the complexities of aggravated DUI charges and working towards a favorable outcome.

Schedule a free consultation with our dedicated Johnson County aggravated DUI lawyer now. Contact us by phone at (913) 971-0296 or fill this online form to get started!