Kansas City DUI Attorney
We've all heard someone say, "If you're stopped for a DUI, don't blow and they can't convict you." Can it possibly be that easy to get around the whole drunk driving law enforcement system? Unfortunately, the answer is "no." It takes considerable knowledge and experience to effectively defend someone charged with drunk driving.
The law office of Paul D. Cramm offers experienced advice and counsel to clients charged for drunk driving. Contact me today for a free initial consultation with a skilled Olathe DUI defense lawyer.
Implied Consent - Should You Refuse a Breathalyzer?
Although the Intoxilyzer blood alcohol test results will usually be the strongest evidence against you in a DUI case, it is important to consider the implications of refusing the breathalyzer test as well as other evidence that may be used against you.
Kansas has what's known as a dual standard for DUI prosecution - while a BAC reading of 0.08 or greater will normally prove the prosecution's DUI case against you, it is not the only evidence that can be used. In the absence of a verified breath test result, prosecutors can rely on other evidence to show that you were incapable of safely operating your vehicle at the time of the stop, such as:
- Appearance
- Demeanor
- Odor of alcohol
- Actual driving behavior
- Field sobriety test performance
The Impact of Implied Consent Laws
By choosing to operate a vehicle, Kansas DUI laws dictate that you have implied your consent to submit to a breathalyzer test should the officer feel there is reasonable suspicion that you are operating under the influence of alcohol. Breath test refusal is a violation of implied consent laws and can result in driver's license suspension for a significantly longer term than for failure of a breath test after lawfully "submitting" to a breath test when lawfully requested by police.
As an experienced DUI defense lawyer, I recognize that each person has individual priorities with regard to the possible results of a DUI prosecution. While some people may feel that completely avoiding a criminal conviction is most important and are happy to walk or ride the bus if necessary, others prefer to protect their driving privileges and may be in a position where a misdemeanor conviction on their criminal history would not be as detrimental as an extended period of driver's license suspension.
The best strategy depends largely on the details of each individual's circumstances. Regardless, it is always best to consult with a skilled and experienced DUI defense lawyer for reliable and knowledgeable advice. Learn more about implied consent and breathalyzer refusal. For an aggressive and tough DUI defense lawyer, contact me today.
