Common Myths About DUIs
April 18, 2022
If you’re facing DUI charges in Kansas or Missouri, you owe it to yourself to get the legal representation you deserve. If you’re convicted of drunk driving charges, you could face consequences that will affect your life beyond jail time or fines. It’s worth your time and money to fight these charges in court. If you’re in Kansas City, Kansas, or Kansas City, Missouri, reach out to my firm at the Richman Law Office LLC today to schedule a consultation. I can help dispel any myths about DUIs that you might have heard and help you understand your options for contesting your charges.
DUI Charges in Kansas & Missouri
Both Kansas and Missouri use the same measure of .08% BAC (blood alcohol concentration) when deciding whether or not you’re impaired, but each state has slightly different language surrounding their laws. In Missouri, you can get a DUI if you exceed the BAC limit or you’re in an “intoxicated condition” which can include being under influence of drugs other than alcohol. In Kansas, you can get a DUI if you’re found to be “under the influence.” Both states take DUI charges very seriously and you need to know the facts about how a DUI charge could affect you.
Common Myths About DUI Charges
A DUI charge isn’t worth fighting.
This is wrong. A DUI charge is almost always worth fighting. The first thing you should do when arrested for a DUI is to contact a local criminal defense attorney who can help you navigate your next steps. Even if you aren’t able to get the charges dropped, you still may be able to minimize your penalties.
The charge is so common that it isn’t serious.
Although DUIs are common, that does not mean they aren’t serious. Even with a first-time conviction, you could be looking at jail time, fines, community service, and license suspension. Additionally, you’ll now have a criminal record that can affect your ability to get a job, own a firearm, or even cause you to lose child custody or visitation.
You must submit to a field sobriety test.
Both Kansas and Missouri have “implied consent” laws that require you to submit to a chemical test (like a blood test, breathalyzer, or urine test). However, this law does not extend to field sobriety tests. These tests can be flawed or incorrectly administered and can give a false indication that you’re more impaired than you actually are. While you have a right to refuse these, note that the officer still may arrest you based on your refusal.
You have to be actually driving to be arrested for a DUI.
Usually, but not always. Missouri’s law says you must be in “actual physical control” of a car to be charged with a DUI, but this language can be interpreted in a few different ways. In rare cases, this could mean you’re behind the wheel with the keys in the ignition and have no intention of driving but still receive a DUI.
When stopped, I’m obligated to answer all the officer’s questions.
Incorrect. You should always be polite and cooperative with the arresting officer, but you are not required to answer all of their questions. You will have to provide them with your license, insurance, and registration, but any other questions you can politely refuse to answer saying, “I will not answer any questions until I speak with my attorney.”
Don’t Risk Your Future
You don’t want to risk your drunk driving charges turning into a conviction and drastically affecting your life. If you’re looking for a DUI attorney in Kansas City who knows state law inside and out, call me at the Richman Law Office LLC. I’ll listen to the facts of your case and help you in fighting your DUI charges.