Archive for July, 2012

Breathalyzers: Hurting Not Helping

Thursday, July 19th, 2012

Drinking and driving, or operating a motor vehicle under the influence of alcohol or other drugs is a very serious crime. When an individual partakes in a DUI they are not only putting themselves in a very sticky, and legal situation, but ultimately a dangerous one as well. However, when a DUI occurs you are putting not only yourself at a serious risk of injury, or death, but also other innocent motor vehicle operators, as well as pedestrians. Yet, when you come into contact with a DUI there are many varying aspects of the crime itself, such as that of a breathalyzer exam.

What Is A Breathalyzer?

What is a breathalyzer you might ask? The majority of people know the general function of what a breathalyzer does. The machine requires that an individual blow in a tube that is connected to a larger, pocket sized portion of the device. After an individual blows into the tube their breath will be registered on a scale that then gives an individual their BAC, or blood alcohol content, score. Legally, an individual cannot be behind the wheel of a motor vehicle with a BAC score over that of .08, and for underage individuals a BAC over .02.

The Problem At Hand

However, the majority of the time a breathalyzer can actually give false results and ultimately cause an innocent individual to be charged, and possibly convicted of a DUI. Yet, how does such a device that is being used by almost all law enforcement officers have so many known issues, and still is being used? No one can be certain as to why these devices are still being used, but individuals actually do have the option to refuse to participate in the test. Hopefully in the future we can look towards relying more heavily on blood testing, or alternative methods that will help determine an individual’s blood alcohol content without producing false, life changing results.

A DUI charge is very serious whether you are falsely accused, or not. When you or a loved one has been charged with a DUI you have the right to fight back for your case, and your life. Make sure to contact a dedicated, and experienced DUI attorney in order to get you the results you want, and need.

For a free consultation with one of our experienced Kansas auto accident lawyers, stop in and see us at our conveniently located downtown Wichita law office or contact us directly right now.

We Offer Full Bilingual Services for Croatian-Speaking Clients

Personal Injury Cases are Taken on a Contingency-Fee Basis You Pay No Attorney’s Fees Unless We Win Compensation For You

Free Consultations Evening & Weekend Appointments Available Visa & MasterCard Accepted

Cummings & Cummings, L.L.C. 129 East 2nd Street Wichita, KS 67202
Phone: (316) 264-1548
Fax: (316) 264-4704

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Posted in Drunk Driving, DUI Defense, Kansas Car Accidents | Comments Off on Breathalyzers: Hurting Not Helping

What Is Implied Consent?

Thursday, July 5th, 2012

Drinking and driving, today, is an action, and crime that impacts your life now, and in the future. When an individual partakes in consuming alcohol, and gets in a car, or vehicle they are greatly raising the likelihood of an accident occurring. The majority of the time these accidents not only result in serious injuries, but also death. However, drinking and driving also holds serious legal consequences for an individual whether they are falsely accused of the crime or not. When it comes down to a DUI investigation and your case do you actually understand what implied consent is?

Breaking Down The Situation

When you are pulled over by a law enforcement officer that is the exact moment that the investigation portion of your DUI case begins. Usually, law enforcement officers have a routine in how they conduct an investigation. To begin, they will usually run an individuals license plate, as well as ask for their license and vehicle registration. After that is when the real evidence is gained in a DUI investigation. A law enforcement officer will ask you to participate in something known as a field sobriety test, as well as a breathalyzer exam.

The Facts of The Matter

While the majority of people just participate in doing both without thinking about the situation, and whether or not they have been drinking or not, you actually do have an option as to whether or not to participate in either. This is known as implied consent. Implied consent is when officers ask you to participate in either one of these exams with the belief that when you participate you understand you actually had an option as to opt out of the whole thing. Some would think that a law enforcement officer would inform individuals that they have the option to say “No”, but they do not.

Yet, what are the consequences that are associated with saying “No” to these examinations? If an individual does refuse to participate in either exam they will only for certain face a license suspension for a period of time. Although this is a hassle all in itself, by refusing to participate in the exams an individual can easily raise their defenses and help fight evidence against their DUI charge.

For a free consultation with one of our experienced Kansas auto accident lawyers, stop in and see us at our conveniently located downtown Wichita law office or contact us directly right now.

We Offer Full Bilingual Services for Croatian-Speaking Clients

Personal Injury Cases are Taken on a Contingency-Fee Basis You Pay No Attorney’s Fees Unless We Win Compensation For You

Free Consultations Evening & Weekend Appointments Available Visa & MasterCard Accepted

Cummings & Cummings, L.L.C. 129 East 2nd Street Wichita, KS 67202
Phone: (316) 264-1548
Fax: (316) 264-4704

Posted in DUI Defense, Kansas Car Accidents | Comments Off on What Is Implied Consent?