Questions You Should Ask A Criminal Defense Lawyer In Emporia, KS

by | Nov 7, 2016 | Lawyers

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In Kansas, the state has imposed zero tolerance laws pertaining to driving under the influence. These laws apply to drivers of all ages and driver’s license statuses. The following are questions you should ask your criminal defense lawyer in Emporia KS about this charge.

What are the Legal Limits for a DUI in Kansas?

Currently, the legal limit for adult drivers is 0.08 percent. Any commercial drivers who have a blood-alcohol content reading of 0.04 percent are charged with a DUI. Any drivers who are under the age of twenty-one are charged if they have a reading of 0.02 percent.

Why Do Officers Have the Authority to Force a Breathalyzer Test?

Under Kansas state laws, any driver who chooses to drive while intoxicated gives officers implied consent. This gives them the authority to force the driver to submit to testing. They can require a breathalyzer test or perform a blood test after the individual is booked.

Are There Additional Penalties Imposed for a Refusal to Test?

The state of Kansas reserves the right to impose administrative penalties for any driver who refuses to submit to testing. Those penalties begin with a one-year driver’s license suspension. The driver must install an ignition interlocking device in their vehicle for at least two years. They must also pay an administrative fee of $600 to reinstate their license.

What are the Penalties Imposed for a First DUI Offense?

The criminal penalties for the DUI include a fine that is no less than $750. The individual will remain in county lockup for at least forty-eight hours. Their license is revoked for a period that is at the judge’s discretion. They must complete an alcohol or drug rehabilitation program; they must pay all associated fees.

How Can Drivers Refuse Legally Without Penalties?

They can invoke their right to an attorney. However, they must submit to testing after visiting with their attorney. A blood-alcohol reading is mandatory for all instances in which DUI is suspected.

In Kansas, a driver is guilty of a DUI if they have a blood-alcohol content reading of 0.08 percent. Any level beyond this reading imposes penalties for an aggravated DUI. Drivers who are facing these charges and need a Criminal Defense Lawyer in Emporia KS visit us website right now.