Archive for July, 2011

Is There a Defense Against DUI in Kansas?

Thursday, July 7th, 2011

Driving under the influence of drugs or alcohol is a dangerous risk and a serious crime in all states. Conviction, even for a first offense, brings serious consequences that could include fines, court-ordered community service and drug or alcohol treatment, jail time, and suspension of your driver’s license. If you’ve been arrested on a DUI charge, you may be wondering if there is any defense against the charge or hope for redeeming yourself.

In fact, with the right attorney mounting your defense, there may be options open to you. The state must show that you were driving and that you were operating under the influence of alcohol or drugs at the time of the arrest. The majority of the evidence against you will consist of the results a blood alcohol concentration (BAC) test and the testimony of the officer who arrested you. Your attorney will, after reviewing the case, recommend the best course of action.

Your lawyer will scrutinize the arrest records to determine whether established legal procedures were followed properly during your arrest. This means the officer had to have probable cause to stop you, observed behaviors that suggested intoxication, and correctly given you Miranda warnings. If your attorney sees any indication that these procedures were not followed, the state’s evidence could become inadmissible in court.

Another defense involves presenting evidence that refutes the testimony of the arresting officer. You may have witnesses who saw you before you got into the car, for example, who can testify that you hadn’t been drinking.

Issues surrounding the way a BAC test was administered may also serve as a defense against DUI. Although laws vary from state to state, provisions exist to ensure your rights as well as the legitimacy of the test. For example, your license can be automatically suspended in some states if you refuse to submit to a BAC. If the officer neglected to inform you of this, or failed to offer you a choice of which type of test (in states where the option is available), the subsequent test results might be inadmissible.

Obviously, a great many factors must be considered when planning the best course of action following a DUI charge. If you have been arrested for driving under the influence of alcohol or drugs, the consequences of a conviction are severe and will follow you far into the future.

Call us today for a free consultation. Consult our law firm to discuss your case with one of our skilled and experienced Wichita DUI lawyers as soon as possible to discuss the specific details of your case.