In Kansas, driving under the influence is a serious offense and places the driver and others in danger. The offenses increase the odds of fatal car accidents and have a lasting impact on all parties involved. A Criminal Lawyer Manhattan KS assists drivers who are wrongfully accused of the offense.
How is a DUI Proven?
The prosecution must prove the driver couldn’t operate a motor vehicle due to an impairment. The individual must have alcohol or controlled substances in their bloodstream to create the identified impairment. The records must show that the individual had a blood-alcohol content reading of 0.08% or greater when they were stopped. The vehicle must also be moving. The state cannot prosecute a drunk or impaired driver if the car is parked.
Zero Tolerance for Underage Drinking
Due to the zero tolerance laws, the state can prosecute any underage driver who has been drinking and driving for a DUI. Their blood-alcohol content reading at the time of their arrest must measure at least 0.02% to secure a conviction. Any controlled substance in the driver’s system or the appropriate blood-alcohol reading deems the underage driver guilty.
Refusal to Submit to Testing
The state of Kansas utilizes the implied consent ruling. It indicates that the driver’s choice to get behind the wheel gives the officer legal consent to test them for drugs and alcohol. Any driver who refuses to submit to testing receives an additional conviction for the refusal on top of penalties for the DUI.
Potential Options for First-Time Offenders
It is possible for first-time offenders to obtain a plea bargain. The conditions of the bargain require the defendant to enter an alcohol or drug treatment program. The state may also assign certain fines and community service requirements.
In Kansas, driving under the influence often leads to horrific accidents and fatalities. For this reason, the state has imposed stricter laws and higher penalties for the offense. In some cases, the drivers are charged with involuntary vehicular manslaughter in addition to the DUI. Defendants who are facing a DUI charge are encouraged to contact the Oleen Law Firm or Visit website for more information today.
