Kansas City DUI Defense

Direct Partner Representation for Kansas DUI Charges

A DUI arrest on the Kansas side of the metro can trigger both a criminal case and a separate driver’s-license proceeding. Garretson & Toth, LLC defends people facing first-time, repeat, drug-related, and felony DUI allegations in Kansas City, Kansas. Every client works directly with a partner from the initial consultation through the case’s resolution.

Established in 2001, we bring more than 60 years of combined criminal-law experience to these cases. We also represent clients in matters involving chemical-test refusals, license suspensions, DMV hearings, traffic violations, and allegations of vehicular manslaughter.

Call (913) 971-0296 to discuss your arrest with a Kansas DUI defense attorney and identify any immediate deadlines.

What Kansas DUI Allegations Can Involve

Kansas law prohibits operating or attempting to operate a vehicle with a blood alcohol concentration (BAC) of 0.08% or more. It also prohibits driving under the influence of alcohol or drugs to a degree that leaves a person incapable of safely operating a vehicle.

An arrest doesn’t always involve a BAC result. The state may rely on allegations involving drugs, a refused chemical test, observed driving, field sobriety testing, or an officer’s observations of suspected impairment. DWI is sometimes used as a search term, but Kansas generally calls this offense DUI.

Former Prosecutors Analyzing the State’s Evidence

Our attorneys include former Johnson County Assistant District Attorneys and Section Chiefs. That background informs how we examine the prosecution’s theory, identify weaknesses in its evidence, and anticipate how the state may present the allegations in court.

A DUI defense can address the legal basis for the traffic stop, the administration of field sobriety exercises, chemical-testing procedures, and compliance with police protocols. We meticulously analyze the available evidence rather than assuming an arrest or test result resolves the case.

Scott Toth has prosecuted and defended more than 115 jury trials in state and federal courts. That trial experience also informs negotiations because decisions about a plea should reflect the allegations, legal issues, evidence, and client’s circumstances. If a case ends in a plea, it follows extensive negotiation and consideration of the available alternatives.

Clear communication is part of that work. Our full-time, in-house staff supports each case, and we return client calls on the same day.

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"Tyler was able to achieve the near impossible."
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.
"Thank you!!"
Lannie,
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!!

- S & J

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The 14-Day Kansas License Hearing Deadline

A Kansas DUI arrest begins two separate proceedings: the criminal allegation and an administrative action against the driver’s license. These tracks have different rules, deadlines, and burdens of proof. We represent clients in both criminal court and DMV hearings involving administrative license suspension.

Under Kansas implied-consent procedures, drivers lawfully arrested for DUI may be asked to submit to chemical testing. A result of 0.08% or higher, a result of 0.02% for a driver under 21, or a test refusal triggers an immediate Notice of Suspension. A driver has 14 days to request an administrative hearing before an automatic suspension results.

According to our Kansas DUI guidance, a first-offense test failure leads to a 30-day hard suspension followed by 330 days with an ignition interlock device. A first-offense refusal leads to a one-year hard suspension. Refusal evidence can also be used against the driver in criminal court.

Starting Your DUI Defense in Kansas City, Kansas

We don’t charge a fee for case consultations. An early review can identify administrative obligations while giving us time to analyze the stop, testing, reports, recordings, and other evidence relevant to the criminal allegation.

Our seasoned partners remain directly accessible from consultation through resolution. Depending on the case, representation may include the administrative hearing, court appearances, evidence review, negotiation, and trial when appropriate. Our criminal attorneys have tried more than 100 cases in district and federal courts.

Our contact page provides another way to share information about the allegations, the status of your license, and upcoming procedural deadlines.

Call (913) 971-0296 to speak directly with our Kansas DUI defense team before the 14-day hearing deadline passes.

Kansas DUI Charges & Repeat-Offense Rules

A first Kansas DUI is a Class B nonperson misdemeanor, while a second offense is generally a Class A nonperson misdemeanor. A third or subsequent DUI can become a felony. Kansas uses a 10-year look-back period, measured from the prior offense’s arrest date to the current arrest date.

A third DUI is treated as a felony when either of the two prior convictions occurred during the preceding 10 years. The classification therefore depends partly on the person’s record and the dates associated with earlier cases.

Drivers under 21 are prohibited from operating or attempting to operate a vehicle at a 0.02% BAC or higher. An underage violation at that threshold results in driver’s-license penalties rather than a criminal DUI offense. Other facts surrounding the stop may affect what allegations are filed.

Potential Penalties for a Kansas DUI Conviction

A first Kansas DUI generally carries 48 hours to six months in jail and a fine of $750 to $1,000. A second offense generally carries 120 hours to 12 months in jail and a fine of $1,250 to $1,750. The particular consequences depend on the charge, prior record, BAC evidence, and other case-specific circumstances.

License suspension and ignition-interlock requirements increase when the reported concentration is 0.15% or higher. Our guidance also explains that a Kansas DUI conviction can remain on a person’s record for years, since expungement is only available after a lengthy waiting period. Related costs and fees can create a total financial strain exceeding $10,000 to $15,000.

Kansas law prohibits reducing a DUI charge to a lesser offense through plea bargaining. Diversion may be available in some cases, but eligibility and consequences depend on the circumstances and applicable requirements.

DUI Allegations Involving Injury or Death

Driving under the influence and causing bodily harm is a level 8 person felony under state law. Causing a death while driving under the influence may result in an involuntary manslaughter charge. These allegations require close analysis of impairment evidence, causation, and the events surrounding the collision.

Courts Handling Kansas City, Kansas DUI Cases

Kansas City, Kansas is within Wyandotte County. Lower-level misdemeanor and traffic matters arising inside city limits are generally handled by Kansas City Municipal Court. Felony DUI charges and other district-court matters in the county proceed through Wyandotte County District Court in the 29th Judicial District.

The correct court depends on the charge level and where the alleged offense occurred. Confirming jurisdiction is an important early step because the criminal court schedule and administrative license process move independently.

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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