Many Kansas motorists assume that the odds of being arrested for DUI are fairly low, but the reality is that 1.5 million people are arrested for DUI annually.\u00a0 The short-term penalties for a DUI may include but are not limited to incarceration, significant fines, probation, installation of an ignition interlock device (IID), alcohol classes and community service.<\/p>\n
The long-term consequences can be far more severe, such as a criminal record, loss of employment, ineligibility for certain occupations, immigration consequences and more.\u00a0 It is normal to be worried if you have been arrested for DUI because it may be your first interaction with the criminal justice system.\u00a0 Experienced Kansas DUI attorney Bill Cummings has provided answers to many questions about DUI cases in Kansas.\u00a0 We also invite you to review Part II of this FAQ about Kansas DUI.<\/p>\n
If my BAC tested at .08 percent during a breath alcohol concentration (BAC) test does not mean I will be convicted?<\/p>\n
Many people presume that the use of a breathalyzer device along with the establishment of a \u201cper se\u201d threshold for DUI at .08 percent is akin to a DUI conviction.\u00a0 This is a misconception that discourages many motorists from fighting winnable DUI cases.\u00a0 Police officers must have sufficient articulable facts that you were committing a criminal offense to justify your initial stop.\u00a0 Breathalyzer results also can be effectively challenged based on a number of factors, such as calibration of the device, failure to observe the mandatory waiting period, mouth alcohol and other factors.\u00a0 The bottom line is that DUI cases that involve a breath test result over the DUI per se threshold are successfully fought by defendants throughout the U.S. on a daily basis.<\/p>\n
Are Field Sobriety Tests a reliable indicator of intoxication?<\/p>\n
Even when an officer conducts these tests precisely according to the prescribed procedures, the tests still have an extremely high error rate for incorrectly identifying sober drivers as being intoxicated.\u00a0 While the National Highway Traffic Safety Administration (NHTSA) has developed a system for administering field sobriety tests (FSTs), many officers lack adequate training in conducting and evaluating these tests.\u00a0 The FSTs that were determined to have any degree of reliability still have staggeringly high error rates in an NHTSA study.\u00a0 For example:<\/p>\n
One Leg State: 68 percent accuracy<\/p>\n
Walk and Turn: 65 percent accuracy<\/p>\n
Further, FSTs assume the person taking the tests is \u201can average person,\u201d which means the accuracy of these physical exercises is even more suspect when the person performing FSTs is elderly, fifty pounds or more overweight or suffers from a medical condition.\u00a0 Because Mr. Cummings has successfully handled many Kansas DUI tests, he works diligently to communicate to the judge and jury the unreliability of FST results.<\/p>\n
While we have tried to answer common Kansas DUI questions, the best way to get specific information about your unique circumstances is to set up a confidential free consultation.\u00a0 If you have been arrested for DUI, experienced Sedgwick County DUI defense attorney Bill Cummings provides a diligent defense to protect his clients from the harsh penalties of a Kansas DUI conviction.\u00a0 We offer a free initial consultation that is absolutely confidential so call us today at 316-264-1548 to learn how we can help.<\/p>\n
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