DUI Attorney in Lenexa

Defending Your Rights & Future with Dedicated Legal Support in Kansas

Facing a DUI charge in Lenexa, KS, can feel overwhelming and confusing. At Garretson & Toth, LLC, we are committed to offering clear guidance and a strong defense. Our significant experience, especially as former prosecutors, allows us to anticipate and counter the strategies employed by the prosecution, ensuring your rights are defended at every step.

DUI charges shouldn't be underestimated, as they can have lasting impacts on both your personal and professional life. In Lenexa, local enforcement is vigilant, and understanding Kansas DUI laws is crucial. We prioritize explaining every detail of the legal process to ensure you are prepared and confident. By considering all factors, including local traffic patterns and enforcement practices, we develop a defense strategy finely tuned to the specifics of the Lenexa area.

Speak with a Lenexa DUI attorney for a free consultation. We are former prosecutors. Call (913) 971-0296 or contact us online to schedule a free consultation.

Understanding DUI Laws in Kansas

In Kansas, the crime of Driving Under the Influence (DUI) is primarily defined under Kansas Statutes Annotated (K.S.A.) § 8-1567. 

The law makes it a crime to operate or attempt to operate a vehicle while:

• The alcohol concentration in your blood or breath is 0.08 or more.
• Under the influence of alcohol to a degree that renders you incapable of safely driving a vehicle.
• Under the influence of any drug or combination of drugs to a degree that renders you incapable of safely driving a vehicle.
• Under the influence of a combination of alcohol and any drug or drugs to a degree that renders you incapable of safely driving a vehicle.

The state's laws are strict and unforgiving, and a DUI conviction can lead to a variety of penalties, including jail time, fines, and a license suspension. A knowledgeable DUI lawyer in Lenexa will meticulously analyze the specific details of your case to find any weaknesses in the prosecution's case.

Key Elements the Prosecution Must Prove

To convict you of a DUI, the state must prove, beyond a reasonable doubt, the following elements:

• Operation of a Vehicle: The state must prove that you were in actual physical control of the vehicle.
• Intoxication: The prosecution must prove that you were intoxicated. This is typically established in one of two ways:
  • Per Se DUI: The state proves that your BAC was 0.08 or more, based on a breathalyzer (Alcotest) or blood test result.
  • Subjective DUI: The state proves that you were under the influence of alcohol or drugs and that your mental or physical faculties were impaired to a degree that rendered you incapable of safely driving a vehicle. This is often proven through an officer's observations and your performance on Field Sobriety Tests (FSTs).

The prosecution's case often relies on a variety of evidence, including police officer observations of your driving, your performance on FSTs, and the results of a breath or blood test. This highly subjective evidence is frequently ripe for challenge by an experienced Lenexa DUI attorney.

Classifications and Degrees of the DUI Offense in Lenexa

In Kansas, a DUI is a serious criminal offense in Lenexa. While a first, second, or even third offense is typically a misdemeanor, the charge can be elevated to a felony under specific circumstances. The penalties increase significantly based on the number of prior convictions and the presence of aggravating factors.

• First Offense: A first DUI conviction is a Class B, nonperson misdemeanor. The penalties can include a fine of $750 to $1,000, a jail term of 48 hours to six months, or in the court's discretion, 100 hours of public service.
• Second Offense: A second DUI conviction is a Class A, nonperson misdemeanor. The penalties are significantly increased, including a mandatory jail term of 90 days to one year, and a fine of $1,250 to $1,750.
• Third Offense: A third DUI conviction can be a Class A, nonperson misdemeanor or a severity level 6, nonperson felony, depending on when the prior convictions occurred. The penalties are further increased, including a mandatory jail term of 90 days to one year, and a fine of $1,750 to $2,500.
• Fourth or Subsequent Offense: A fourth or subsequent DUI conviction is a severity level 6, nonperson felony. The penalties are severe, including a mandatory jail term of 90 days to one year, and a fine of $2,500.

It is also important to note that a DUI charge can be a felony even on a first offense if a person causes serious injury or death. This is why a knowledgeable DUI lawyer in Lenexa will work to prevent any enhancement of your charges and will fight for a resolution that minimizes the impact on your life.

Penalties of a DUI Conviction in Kansas

The severity of the penalties depends on the specific classification of the offense:

• Incarceration: Jail or prison time, ranging from a mandatory 48 hours for a first offense to 90 days for a third offense. A felony conviction can result in a longer prison sentence.
• Fines and Surcharges: Fines can be substantial, often reaching into the thousands of dollars. You may also be subject to mandatory fees, such as a license reinstatement fee and court costs.
• License Suspension: Your driver's license will be suspended for a period of time, ranging from 30 days to a permanent suspension, depending on the number of prior convictions and your BAC level.
• Ignition Interlock Device (IID): You will be required to install an IID on your vehicle for a period of time. The IID is a device that prevents your car from starting if it detects alcohol on your breath.
• DUI School: All DUI offenders are required to attend and complete a DUI Alcohol or Drug Use Risk Reduction Program.
• Community Service: You may be required to complete mandatory community service hours.

Collateral Consequences

A criminal record for a DUI can make it incredibly difficult to find employment, obtain professional licenses, or secure housing. Many employers and professional licensing boards have zero-tolerance policies for these convictions, and landlords often deny rental applications to those with a criminal record.

Additionally, a DUI conviction can have severe immigration consequences, including deportation. The social stigma attached to these crimes can also damage your reputation and personal relationships.

The Kansas Criminal Defense Process for DUI Charges

The legal process following a DUI arrest can feel overwhelming, but it follows a predictable series of steps. Our job is to guide you through each stage, ensuring your rights are protected and that you have a strategic advocate in our corner. We are an aggressive DUI lawyer in Lenexa who understands the intricacies of the Kansas legal system.

1. Investigation and Arrest: The process begins with a traffic stop where the officer looks for signs of impairment. Remember, you have the right to remain silent and, in some cases, the right to refuse certain tests.
2. The Administrative License Suspension (ALS) Hearing: After a DUI arrest, you have a critical 14-day deadline to request a hearing to challenge the automatic suspension of your driver's license.
3. Arraignment: This is your first appearance before a judge where you will be formally notified of the charges and enter a plea. We will advise you on the appropriate plea and begin building your defense.
4. Discovery and Pre-Trial Motions: We review all of the prosecution's evidence, such as police reports and dashcam footage, and file motions to challenge the evidence.
5. Plea Negotiations or Trial: We engage in negotiations with the prosecutor to reach a favorable plea agreement, which for a first offense may include a diversion program. However, we are always prepared to take your case to trial.
6. Sentencing: If you are convicted, we will present mitigating evidence and arguments to the court to seek the most lenient sentence possible.

Our Approach to DUI Defense in Lenexa

We meticulously investigate each DUI case to unveil all possible defenses, employing strategies like:

• Examining the legality of the traffic stop
• Challenging the accuracy of breath tests
• Reviewing arrest procedures for compliance with law
• Negotiating for reduced charges or alternative sentencing options

With Garretson & Toth, LLC, you benefit from deep local legal community connections. Our familiarity with Lenexa’s judicial and administrative procedures enables us to navigate your case with efficiency and insight. This regional expertise is invaluable in crafting a defense that is both aggressive and strategically sound, considering all facets of the local legal landscape.

Contact a DUI lawyer in Lenexa to discuss your options. Call (913) 971-0296 or reach out online—The initial consultation is free.