Overland Park DUI Attorney

Trustworthy DUI Defense Backed by 60+ Years of Aggregate Experience

At Garretson & Toth, LLC, we provide robust legal defense for individuals accused of driving under the influence (DUI) in Overland Park. With over six decades of combined legal experience, our team understands the complexities of Kansas DUI laws and the impact these charges can have on your life. We are uniquely positioned, thanks to our background as former prosecutors, to anticipate prosecutorial strategies and tailor defenses that effectively protect your rights.

Our firm's dedication goes beyond standard legal representation. We offer each client personalized attention and carefully crafted legal plans that address the specifics of their cases. At Garretson & Toth, LLC, we ensure that your case is not passed off to less experienced associates but handled directly by seasoned attorneys committed to securing the best possible outcome. Our commitment to thorough case analysis and strategy exploration distinguishes us from other firms, ensuring every legal avenue is considered.

An experienced Overland Park DUI attorney can challenge the evidence and protect your future. Call (913) 971-0296 or contact us online today to schedule your free legal consultation.

Understanding DUI Laws & Consequences in Overland Park

In Overland Park, DUI laws are stringent, reflecting the state's commitment to road safety. A charge can lead to severe penalties including fines, license suspension, and even imprisonment. According to Kansas law, driving with a blood alcohol concentration (BAC) of 0.08% or higher could result in a DUI charge. 

The legal BAC limit for a commercial driver is 0.04%, and there is a zero-tolerance policy for drivers under 21. Additionally, Kansas operates under implied consent laws, meaning refusal to submit to chemical tests can result in automatic license suspension.

It’s not just the immediate penalties that impact individuals who face DUI charges. Criminal records can carry long-term consequences, affecting everything from employment opportunities to personal relationships. 

Moreover, individuals convicted of DUI may find it challenging to secure housing or loans, given the public nature of these records. As such, having a knowledgeable DUI defense attorney in Overland Park is vital to navigate these repercussions and potentially minimize the impact on one’s future.

Penalties For a DUI Conviction in Kansas

Penalties vary depending on the number of prior offenses and the circumstances surrounding the arrest:

• First Offense DUI: Misdemeanor charge with potential jail time of 48 hours to 6 months, fines between $750 and $1,000, license suspension, and mandatory alcohol education.
• Second Offense DUI: Also a misdemeanor, but with harsher penalties, including longer jail time, increased fines, and installation of an ignition interlock device.
• Third or Subsequent DUI: Often charged as a felony, carrying significant prison time, larger fines, long-term license revocation, and a lifelong criminal record.

An experienced Overland Park DUI defense attorney can analyze your case to identify legal defenses and mitigate or avoid the harshest penalties.

License Suspension and Administrative Hearings

DUI arrests in Kansas often result in both criminal and administrative proceedings. The administrative case deals specifically with your driving privileges and is handled by the Kansas Department of Revenue.

After a DUI arrest, you have 14 days to request an administrative hearing to contest your license suspension. Failure to act within this window results in automatic suspension. An Overland Park DUI defense lawyer can represent you at this hearing and fight to preserve your driving rights.

Possible outcomes of the administrative hearing include:

• Full suspension of driving privileges
• Installation of an ignition interlock device
• Restricted driving privileges

The criminal case will proceed separately and can result in additional penalties beyond license issues.

Localized DUI Defense Strategies

Being deeply entrenched in the Overland Park community gives us the edge in crafting defenses that are finely tuned to local legal climate nuances. We leverage our professional relationships with local prosecutors and law enforcement to facilitate constructive negotiations and streamline courtroom procedures.

Our strategic understanding of local traffic laws and enforcement practices also plays a crucial role in our defense mechanisms. We scrutinize every detail—from the positioning of DUI checkpoints to the validity of field sobriety tests—aiming to uncover any procedural mistakes. This local expertise allows us to mount precise challenges against charges, enhancing the strength and effectiveness of your defense.

Comprehensive DUI Defense Services

Our services extend beyond just in-court defense. At Garretson & Toth, LLC, we offer thorough investigations into every aspect of your charge, including:

• Challenging Breathalyzer & Field Sobriety Tests: Evaluating the administration and reliability of tests used against you.
• Assessing Arrest Procedures: Reviewing the legality of your traffic stop and arrest processes.
• Negotiating Plea Deals: When beneficial, we focus on minimizing consequences through skilled negotiation.
• Preparing Rigorous Defenses: Crafting solid defenses to present in court, should your case proceed to trial.

We also focus on exploring alternative programs that may be available in Overland Park, such as alcohol education and addiction treatment programs, which could potentially reduce penalties. Our comprehensive approach aims to not only defend but also rehabilitate and guide our clients toward positive outcomes.