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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,…

Five or ten years after successfully completing your DUI sentence, your DUI attorney may request that all records of your arrest and conviction or diversion be expunged from your record. Expungement removes the record from the KBI criminal history database and from court files. This means that employers and the public will not be able…

A diversion is an agreement with the prosecutor in which the prosecutor agrees to dismiss your case if you complete certain requirements. The requirements usually include paying a diversion fee and court costs, obtaining an alcohol evaluation and following the evaluator’s recommendations, and not committing any other crimes. If you comply with the requirements for…

The National Highway Traffic Safety Administration has adopted standardized field sobriety tests (“SFTS”) that may produce reliable indications of intoxication. But they are only reliable if police administer the tests correctly. The three SFTS tests and the “clues” that law enforcement officers look for are based on the premise that intoxicated drivers cannot effectively divide…

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