Johnson County DWI Lawyers

If you have landed on this page, it means you might be facing a DWI charge in Johnson County. We at McCarty-Larson, PLLC understand that this can be a worrying and stressful time. We want to assure you that our team is here to help you navigate through these challenges and work towards the best possible outcome for your situation.

The Consequences of a DWI Charge

Being arrested for driving while intoxicated (DWI) in Johnson County can lead to serious consequences. The penalties vary based on whether it is your first, second, or third offense.

For a first offense, you could face a fine of up to $2,000. Conviction may result in jail time of up to 180 days, with a minimum mandatory requirement of three days. Additionally, your driver’s license could be suspended for up to a year.

If you are charged with a second DWI, the fines can reach up to $4,000. You might be sentenced to jail for anywhere from one month to a year. Your driver’s license could be suspended for up to two years.

For a third offense, the stakes are even higher. Fines can amount to $10,000, and the potential prison time ranges from two to ten years. Your driver’s license may be revoked for up to two years.

It’s important to note that these fines are separate from additional state fines that could be imposed, ranging from $3,000 to $6,000.

Charges Involving Child Passengers

If you are caught driving impaired with a child passenger under the age of 15, you may face additional charges for child endangerment. This could result in an extra fine of up to $10,000. The jail time could extend up to two years, and your driver’s license could be suspended for an additional 180 days.

How McCarty-Larson, PLLC Can Help

Navigating a DWI charge can be complex and overwhelming. At McCarty-Larson, PLLC, we are committed to providing the support and guidance you need. Our team of Johnson County DWI lawyers is here to help you understand your options, protect your rights, and work towards the most favorable result possible.

Choosing the Right Team of Johnson County DWI Lawyers

When facing DWI charges, the choice of legal representation can significantly impact the outcome of your case. At McCarty-Larson, PLLC, our team of Johnson County DWI lawyers brings over 50 years of combined experience in criminal defense to your case. With a background that includes former law enforcement officers and prosecutors, our firm offers a unique perspective on both sides of the legal process. This depth of experience is crucial in crafting a defense strategy that challenges every aspect of the prosecution’s case.

Our Unique Experience

Our firm’s leadership is founded on a blend of former law enforcement and prosecutorial experience. This background allows us to approach DWI cases with a comprehensive understanding of law enforcement procedures and courtroom strategies. The insights gained from our team’s varied backgrounds help us identify potential weaknesses in the prosecution’s case and develop effective defenses. This dual perspective ensures that your defense is thorough and well-informed.

Defenses Against DWI Charges

In defending against DWI charges, we explore several critical defenses that can challenge the validity of the evidence against you. One key area is the violation of constitutional rights. If your rights were infringed upon during arrest or detainment, such as through illegal searches or failure to read Miranda rights, we can challenge the legality of the evidence collected. This can lead to the dismissal of crucial evidence and strengthen your defense.

Another significant aspect of DWI defense involves breath tests. Breathalyzers can sometimes produce inaccurate results due to various factors such as recent burping, mouthwash use, diabetes, or certain medications. We also scrutinize whether the breathalyzer was properly calibrated and whether the individual administering the test was licensed and followed correct procedures. These factors can form the basis of a robust challenge to breath test results.

Blood draw tests are another critical area where defenses can be raised. For blood tests to be valid, strict protocols must be followed in handling and analyzing the sample. We examine whether these protocols were adhered to and if there were any issues with the sample collection process. Any deviation from these protocols can be used to contest the accuracy of the blood test results.

We also look at whether the stop leading to your arrest was legal. Police must have a valid reason to pull you over, such as erratic driving or traffic violations. If the stop was made without probable cause, we can challenge the legality of the stop and any evidence obtained as a result.

Defenses also include challenging the prosecution’s ability to prove every element of the DWI charge. For instance, proving that you were in actual control of the vehicle is crucial. If you were merely trying to sleep off intoxication and the keys were not in the ignition, the prosecution might struggle to establish that you were in control of the vehicle.

Field sobriety tests, while frequently used, can be unreliable. Factors like injuries, age, obesity, or certain medications can impact the results. We analyze these tests to determine if they were conducted properly and if their results are accurate.

In addition to these defenses, we consider affirmative defenses like duress or mistake of fact. If you were coerced into operating a vehicle under threat, or if you had a reasonable but mistaken belief that negates culpability, these defenses can be pivotal in your case.

Why Choose McCarty-Larson, PLLC

At McCarty-Larson, PLLC, we offer free consultations to discuss your case and explore the best defense strategies for your situation. DWI convictions carry severe consequences, including fines, jail time, a criminal record, and a suspended driver’s license. Our firm is dedicated to guiding you through the complexities of both court and administrative proceedings. We will work to ensure that you have the best chance for a favorable outcome in your case.

Mistakes to Avoid After a DWI Arrest in Johnson County

Being arrested for DWI (Driving While Intoxicated) in Johnson County can be a challenging experience. Understanding what to avoid can make a significant difference in your case. Here are some common mistakes to watch out for:

Not Seeking Legal Advice Early

One of the biggest errors you can make is delaying the decision to seek legal advice. If you’ve been arrested for DWI, it’s crucial to contact a DWI lawyer in Johnson County as soon as possible. Waiting too long may negatively impact your case.

Talking Too Much to Law Enforcement

After your arrest, you might feel the urge to explain your side of the story to law enforcement officers. However, speaking too much can sometimes be harmful. It’s often best to exercise your right to remain silent and allow your lawyer to handle communications with the authorities.

Ignoring Court Dates

Failing to attend court dates or respond to legal notices can have serious repercussions. It could result in additional charges or a warrant for your arrest. Always keep track of your court dates and make sure to comply with all legal requirements.

Failing to Prepare for Your Hearing

Preparation is essential for defending yourself against DWI charges. Neglecting to gather evidence, documents, or witnesses can weaken your defense. Work closely with your lawyer to ensure you are well-prepared for your hearing.

Not Understanding the Charges

Understanding the DWI charges and their potential consequences is crucial. Ignoring this can lead to misunderstandings about your rights and options. A lawyer can help clarify these issues and guide you through the legal complexities.

How McCarty-Larson, PLLC Can Help

At McCarty-Larson, PLLC, we understand the stress and confusion that come with a DWI arrest. Our Johnson County DWI lawyers are here to guide you through the legal process and provide the support you need.

Our team offers knowledgeable legal advice tailored to your situation. We will help you understand the charges, your rights, and the best steps to take. We will represent you in court, manage communications with law enforcement, and ensure that all legal deadlines are met. Our aim is to work towards the best possible outcome for your case.

Assistance with Evidence and Documentation

Preparing and gathering evidence is crucial for your defense. We will help you collect necessary documents and prepare your case effectively. If you have questions about your DWI charge, our team is here to provide clear and straightforward answers. We strive to make the legal process as understandable and stress-free as possible.

Johnson County DWI Lawyers Client Story

This client story is for educational purposes only.

Daniel’s ordinary night took an unexpected turn, leaving him feeling lost and overwhelmed. After a demanding day at work, he decided to unwind with friends at a local pub. As the night went on, Daniel had a few drinks, but he thought he was still okay to drive. What he didn’t anticipate was being pulled over by the police on his way home.

When the officer asked him to take a breathalyzer test, Daniel’s heart sank as the result showed a BAC of 0.12. The officer informed him that he was being arrested for DWI. The moment the handcuffs were fastened, Daniel’s world seemed to collapse. The dread of facing legal consequences and the shame of the situation weighed heavily on him.

Desperate and anxious, Daniel began searching for Johnson County DWI lawyers who could offer him a glimmer of hope. That’s when he discovered Robin McCarty from McCarty-Larson, PLLC. With a sense of urgency, Daniel reached out for help, and Robin immediately made him feel heard and understood.

From their very first meeting, Robin’s calm demeanor and compassion stood out. He didn’t just see Daniel as a case number; he saw a person struggling through a difficult time. As Robin listened to Daniel recount the night’s events, he reassured him, “We’re in this together. I’m here to help you navigate through this challenge.” His empathy and commitment offered Daniel a sense of relief he desperately needed.

Robin’s approach to Daniel’s case was thorough and strategic. He meticulously reviewed every detail of the arrest process and the evidence collected. He noted inconsistencies in how the breathalyzer test was administered and discovered procedural errors that could impact the validity of the results. Robin’s deep knowledge of DWI laws and his tenacity in uncovering every possible detail were crucial.

Throughout the legal process, Robin kept Daniel informed and involved. He explained each step clearly, easing his anxiety about what lay ahead. His dedication to the case was evident, as he fought tirelessly to have the charges dismissed. Robin’s handling of the case and his ability to challenge the evidence proved to be game-changers.

When the day came for the court’s decision, Daniel held his breath, hoping for the best but fearing the worst. To his immense relief and joy, Robin succeeded in getting the charges against him dismissed. The overwhelming weight that had been on his shoulders was lifted, and Daniel felt an enormous sense of gratitude and hope for the future.

Daniel’s experience underscores the importance of having a lawyer who not only understands the law but also genuinely cares about their clients

Contact McCarty-Larson, PLLC Today

If you have been arrested for DWI in Johnson County, McCarty-Larson, PLLC is here to help. Our experienced team of Johnson County DWI lawyers understands the stress and confusion that comes with a DWI charge. We know that every case is unique, and we are dedicated to providing you with the support and guidance you need during this challenging time.

We offer free consultations to discuss your situation and explain how we can assist you. Our goal is to work tirelessly to achieve the best possible outcome for your case. We will examine every detail, from the evidence against you to the circumstances of your arrest, to build a strong defense.

When you choose McCarty-Larson, PLLC, you are choosing a firm that is committed to your rights and future. Our Johnson County DWI lawyers will stand by your side and fight for the best possible resolution. Contact us today to schedule your free consultation and take the first step towards resolving your DWI case.