Driving while under the .08 BAC limit

Published: 26 July 2013

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 operates a vehicle with a BAC above .08, he has violated the statute per se. To present a case for conviction, the State simply has to show the jury a valid breath or blood test, administered within three hours of the defendant’s operation of a vehicle, registering a BAC above .08.

In Kansas, a driver may also be charged and convicted of DUI if that person, regardless of his or her BAC, cannot safely operate a vehicle. The purported purpose of this segment of the statute is to capture those individuals who are extremely affected by even the smallest amount of alcohol. In these cases, the State must show that, based on the unique facts of the case, the driver was too impaired to operate his or her vehicle.

No matter what your BAC may be, your rights during a DUI investigation remain the same. You have the right to remain silent and avoid providing any statements about how you feel or how much you have had to drink. You also have the right to refuse field sobriety testing.

If you have been charged with DUI, call the DUI Defense Team in Wichita (316-262-9400), Topeka (785-235-9300), and Lawrence (785-856-0143).

By Chris Joseph

Our Locations

Kansas City | 816-673-3900

926 Cherry St
Kansas City, MO 64106

Lawrence | 785-856-0143

5200 Bob Billings Pkwy, #201
Lawrence, KS 66049

Overland Park | 913-948-9490

10104 W 105th St
Overland Park, KS 66212

Topeka | 785-234-3272

1508 SW Topeka Blvd
Topeka, KS 66612

Wichita | 316-262-9393

500 N Market St
Wichita, KS 67214

Contact Joseph, Hollander & Craft LLC

Contact Joseph, Hollander & Craft to discuss how our team of attorneys can help you.

This field is for validation purposes and should be left unchanged.