DUI Attorney in Johnson County

Dedicated Defense & Guidance for DUI Cases in Johnson County

At Garretson & Toth, LLC, we understand the anxiety and impact a DUI charge can have on your life. Leveraging our extensive combined experience of over 60 years, our team is committed to providing you with informed legal representation tailored specifically to your case.

Our experience as former prosecutors in Johnson County equips us with unique insights into DUI cases, enabling us to craft robust defense strategies to protect your rights and future.

Being charged with a DUI in Johnson County can lead to severe consequences, and it can feel overwhelming to navigate the intricacies of the legal system. Our established relationships with local prosecutors and law enforcement officials empower us to negotiate effectively on your behalf, providing a comprehensive defense that considers every angle.

Speak with a skilled DUI attorney in Johnson County today. Call (913) 971-0296 now or contact us online to schedule a confidential legal consultation.

Understanding Kansas's DUI Laws

Kansas law defines Driving Under the Influence (DUI) broadly to cover impairment by alcohol, drugs, or a combination of both. You can be charged with DUI if you operate or attempt to operate a vehicle while:

Under the influence of alcohol, drugs, or a combination thereof, to a degree that renders you incapable of driving safely.
Having a Blood Alcohol Concentration (BAC) of 0.08 or more.
Having a BAC of 0.02 or more, if you are under 21 years of age.
Having in your system any drug or combination of drugs that renders you incapable of safely driving.
Having a concentration of a controlled substance or its metabolite.

Penalties for DUI Convictions in Kansas

The penalties for a DUI conviction in Kansas are substantial and designed to deter impaired driving. It's crucial to understand that these are often mandatory minimum penalties upon conviction. Kansas employs a "look-back" period of 10 years for prior DUI convictions (measured from the date of arrest of the prior offense to the date of arrest of the current offense). This means prior DUIs within that timeframe will enhance current penalties.

First Offense DUI (within 10 years):

Classification: Class B Misdemeanor (for the criminal offense part of the charge).
Jail Time: Mandatory minimum of 48 consecutive hours up to 6 months in county jail. Alternatively, 100 hours of community service may be ordered in lieu of the 48-hour jail time.
Fines: $750 to $1,000.
Alcohol/Drug Education & Treatment: Mandatory completion of a court-approved alcohol and/or drug evaluation and any recommended education or treatment program.
Probation: Up to 1 year, with strict conditions (e.g., reporting, random testing).
Ignition Interlock Device (IID): Mandatory installation on your vehicle(s) for a period (e.g., 6 months to 1 year for a first offense) after the hard suspension, at your expense.
SR-22 Insurance: Mandatory filing of SR-22 (proof of high-risk insurance) for at least one year.

Each subsequent offense brings harsher penalties. The complex web of penalties means that each DUI arrest requires an aggressive and sophisticated defense strategy. A DUI defense attorney in Johnson County from Garretson & Toth, LLC will tirelessly work to avoid these catastrophic outcomes.

Administrative License Suspension (ALS) Process for DUI in Kansas

In Kansas, a DUI arrest triggers an Administrative License Suspension (ALS) by the Department of Revenue, separate from criminal charges. Under Implied Consent Law, if you register a BAC of 0.08% or higher (0.02% for underage) or refuse a chemical test, you'll receive an immediate Notice of Suspension. You have only 14 days to request a hearing to challenge this; missing the deadline results in an automatic license suspension.

For a first offense, failing a test means a 30-day "hard" suspension followed by 330 days with an Ignition Interlock Device (IID). Refusing a test leads to a more severe 1-year "hard" suspension, and the refusal can be used against you in court. This KDOR hearing is crucial, offering your Johnson County DUI defense attorney an opportunity to challenge the suspension and gather valuable evidence for your criminal case.

Collateral Consequences of a DUI Conviction in Kansas

A DUI conviction in Kansas carries profound and lasting consequences that severely impact your future. It results in a permanent criminal record that cannot be expunged, significantly limiting future employment opportunities, housing options, and educational prospects.

Many employers hesitate to hire individuals with impaired driving offenses, and professional licenses in fields like healthcare or commercial driving are at risk of suspension or revocation, effectively ending careers.

Furthermore, a DUI conviction leads to skyrocketing auto insurance premiums (requiring SR-22 insurance) and mandatory driver's license suspension/revocation, making driving challenging even after reinstatement. The total financial strain can exceed $10,000-$15,000 due to various fees.

It also negatively impacts college admissions and financial aid, brings significant social stigma, and for non-U.S. citizens, can lead to severe immigration consequences, including deportation. Kansas's 10-year look-back period means prior DUIs enhance penalties for future offenses.

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Tyler Garretson Amazing, profesional, clear, and direct are a few ways to describe him. Tyler was able to achieve the near impossible. If you have an important case he is the right attorney for you. He is worth every single dollar. Mr. Garretson, thank you for giving my son his life back, I will be forever grateful. It was not easy, but you did it. He has something that he did not have for a long time: HOPE. Thank you, again.
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We just wanted to send an extra thank you for everything you have done for us. When I think back to April when we hired you, I never felt any judgement from you — you were very professional. We appreciate how you fought for us to not have to come down to Kansas for any court cases and only to do them via Zoom, how you were able to take S. to the airport so he could get home, all the phone calls/texts to help keep us informed and helping us connect with S. so S. could do the evaluation and have this case dismissed.
We owe you an extra debt of gratitude for all you have done for us and our family, and really do appreciate everything. We will never forget how you helped us during this difficult time and helped get our lives back!!

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Building a Strategic Defense

A DUI charge is not an automatic conviction. A skilled Johnson County DUI defense lawyer can employ numerous defense strategies to challenge the prosecution's case, protect your rights, and work towards a favorable outcome, whether that's a dismissal, a reduction in charges, or a not guilty verdict at trial.

Unlawful Stop/Arrest: Argue police lacked reasonable suspicion for the stop or probable cause for the arrest, seeking to suppress evidence.
No "Operation" or "Actual Physical Control": Contend you were in the vehicle but not operating or intending to operate it.
No Intoxication/Impairment: Challenge the prosecution's proof of impairment, especially if BAC is below 0.08% or per se evidence is contested.
Challenging "0.08% BAC": Dispute the reliability of chemical tests or argue BAC was below the limit at the time of driving.
Miranda Rights Violations: Assert statements obtained improperly after arrest are inadmissible.
Prescription Drug Defenses: Prove legally prescribed drugs, used as directed, did not cause driving impairment.
Medical Conditions: Present evidence of medical conditions that mimic intoxication symptoms.
Constitutional Violations: File motions to suppress evidence obtained in violation of your rights.

Why Choose Garretson & Toth, LLC for DUI Defense

Choosing the right representation can make a significant difference in your case outcome. At Garretson & Toth, LLC, every case is handled directly by a partner, ensuring you receive the benefit of experience and dedicated attention without being delegated to less experienced staff members. Our track record as skilled negotiators and trial lawyers, combined with our commitment to transparency, makes us a trusted choice.

When you face a DUI charge, there’s more at stake than just legal penalties; it’s your reputation and future wellbeing. Our firm prioritizes open communication, ensuring you fully understand your case's progress at all times. This transparency reinforces trust between our legal team and clients, paving the way for effective collaboration from start to finish.

We know that each client's case is different, which is why we prioritize a personalized defense approach, adapting our strategies to align with the specifics of your situation. With a focus on resolving cases favorably, our efforts extend beyond the courtroom, placing emphasis on minimizing disruption to your life and protecting your long-term interests.

Contact Garretson & Toth, LLC for Your Free Consultation

During this initial meeting, we’ll listen to your concerns, answer your questions, and outline your options without any financial obligation. Our commitment to your defense begins with understanding your unique situation and crafting a legal strategy that gives you confidence and peace of mind, as we work tirelessly to achieve the best possible outcome for your case.

If you’re facing a DUI charge in Johnson County, taking action quickly is critical. Contact Garretson & Toth, LLC at (913) 971-0296 for a free consultation.

Frequently Asked Questions About DUI Charges in Johnson County

What should I do immediately after a DUI arrest in Johnson County?

Following a DUI arrest in Johnson County, your priority should be securing legal representation. Avoid speaking to police or prosecutors without a lawyer present, as your statements may be used against you. Contacting a DUI defense attorney early helps ensure that your rights are protected from the beginning, and our firm offers free consultations to help you understand your legal options.

How does a DUI affect my driving privileges in Johnson County?

A DUI charge can lead to an administrative suspension of your license by the Kansas Department of Revenue, separate from any criminal court penalties. In many cases, you have a limited window of time—often just days—to request a hearing to contest this suspension. Working with a DUI lawyer can increase your chances of maintaining your driving privileges or qualifying for a restricted license.

Can a DUI conviction be removed from my record in Kansas?

Expunging a DUI from your criminal record in Kansas is possible but not automatic. Eligibility depends on several factors, including how much time has passed since your sentence was completed and whether you have any additional offenses. A skilled Johnson County DUI attorney can help assess your situation and guide you through the expungement process if you qualify.

Will I have to appear in court for my DUI charge?

Yes, DUI charges in Johnson County typically require at least one court appearance. Depending on the circumstances of your case and whether it's your first offense, your attorney may be able to appear on your behalf for certain hearings. However, in most cases, your presence will be required at key stages of the process.

What defenses are available in a Johnson County DUI case?

Common DUI defenses include challenging the legality of the traffic stop, disputing the accuracy of field sobriety or breath test results, or questioning whether the officer had probable cause to arrest. Every case is unique, and a tailored defense strategy is necessary. Our legal team thoroughly investigates all aspects of your arrest to uncover any weaknesses in the prosecution’s case.

How long will my DUI case take to resolve in Johnson County?

The timeline varies based on the complexity of your case, but most DUI cases in Johnson County take a few months to resolve. Cases involving blood test results, multiple charges, or contested issues may take longer. Our attorneys work to resolve your case as efficiently as possible while still prioritizing your defense strategy.

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Why Do Clients Choose Our Firm?

We Are Dedicated To the Success of Our Clients

We Are Former Prosecutors, Armed With Invaluable Insights
Our Team Is Committed to Obtaining the Best Possible Outcome for Our Clients
We Are Accessible to Our Clients and Will Return All Calls the Same Day
Our Firm Provides a Confidential Free Case Consultations
We Provide a Unique and Specialized Experience for Each Client Facing Criminal Charges
Aggressively Defending Our Clients for Over 60 Years