Recently, several people have asked me how a person can be charged with DUI when his or her blood alcohol concentration (BAC) is under the legal limit of .08. The answer is that the Kansas DUI statute contemplates multiple bases for a DUI charge. Most DUI charges are based on a driver’s BAC. When one […]
The mere discussion of reducing the legal blood alcohol content (BAC) limit from .08 to .05 has caused a flurry of criticism and outrage from many. But reading this story about a man who was arrested when he was completely sober might leave some wondering whether the BAC limit even matters: http://www.newsmax.com/TheWire/sober-man-dui-charge/2013/06/10/id/509010. Sometimes, it seems […]
The National Transportation Safety Board (NTSB) recently recommended that all 50 states lower the legal limit for drivers’ blood alcohol content (BAC) to .05. The NTSB also called for states to pass legislation that will make it easier for law enforcement officers to confiscate licenses from drivers with BAC measurements in excess of this limit. […]
The Kansas Legislature recently passed a bill that broadens prosecutors’ charging options when DUI results in an injury accident. The bill, known as the “Aggravated DUI Bill,” passed unanimously in the House and the Senate, and it is on its way to the Governor to be signed into law. The “Aggravated DUI Bill” allows prosecutors […]
More often than you might think, I get a call from someone who has been arrested for DUI even though he was not driving. In Kansas, you can be charged with DUI for operating or attempting to operate a vehicle. Operating a vehicle under the influence means driving — it requires actual movement of the […]
I have represented people charged with DUI for well over a decade. I can count on my fingers the number of times in which I have suggested that a client should not request a hearing to challenge the suspension of his or her driver’s license. Those cases involved extremely unique circumstances. In almost every case, […]