Kansas DUI/DWI Lawyerby Kansas Criminal Defense Lawyer Vincent Rivera
What is DUI/DWI?
DUI is an acronym for "driving under the influence." DWI stands for "driving while intoxicated," or in some cases, "driving while impaired."
Blood Alcohol Content (BAC) limit is set at 0.08% as measured within three hours of the time of operating or attempting to operate a vehicle for drivers over 21 years of age.
Blood Alcohol Content (BAC) limit is set at 0.02% for those under 21.
Blood Alcohol Content (BAC) limit is set at 0.04% for commercial drivers.
The "Law of Implied Consent" means if you are stopped by a law enforcement officer on the suspicion of drunk driving with a Kansas drivers license he may test you with a breathalyzer or by blood test to check Blood Alcohol Content (BAC). Refusing to take the chemical test will result in your license being revoked for a year. The punishment will depend on the severity of the offense and how many times you have been convicted. If you have been pulled over by a police officer and either been charged or refused to take the test call Vincent Rivera immediately for a consultation.
DUI / DWI are not always open and closed cases Vincent Rivera can challenge the charges against you.
DUI / DWI Laws & Consequences
In Kansas, it is against the law to drive or attempt to operate a motor vehicle while having a blood or breath alcohol concentration (BAC) of .08 or above.
Notable DUI / DWI Success
“If you fail a SFST, you must be drunk” – During SFSTs client clearly told officers that he had medical problems which would prevent him from performing the tests. Officer’s didn’t care, and arrested him based on his performance, no breath test. Based on a letter from the client’s doctor, which said there is no way client could perform the tests. The State dismissed the felony, we plead to traffic infractions, unsupervised probation, and no jail time.
“Still felony free” – During a felony DUI prelim, the State attempted to introduce a breath test result of .152. However, while the State was laying foundation, I asked to inspect the Officers certification, it turned out that the Officer was not certified to operate the Intoxilyzer 8000 at the time of the arrest. Eventually, we made a deal for misdemeanors. Client remains felony free.