Depending on what you consume, impairment can set in long after consumption. The best answer is pull over in a safe location, turn off the car, take the keys out of the ignition, and call a ride. If you cannot get a ride then stay in your car until you feel safe to drive. This might save a life and keep you from a DUI conviction. Kansas DUI law requires proving either operating or attempting to operate while impaired. This can become difficult to prove depending on the circumstances.
Some Kansas Courts have found that an impaired person asleep in a vehicle is not necessarily DUI. The prosecutor must prove that either the person operated the while impaired or there must be witness to the attempted to operate. Attempting to operate requires the driver taking an action like fumbling with the gear shit or pressing on the accelerator. Some Kansas Courts have found that having the car on is not attempting to operate. Simply put, sitting in a parked car without some movement to operate the vehicle may not be DUI. If an officer stops to check on you and asks a question about drinking, drugs, or medication you should ask to speak with your lawyer and remain silent.
Why is a DUI Defense Attorney Essential?
DUI laws are complicated and difficult to navigate on your own. A DUI good defense attorney will know how to navigate the laws, court systems, and administrative proceedings. DUI defense requires knowledge of the Kansas Rules of Evidence and Criminal Procedure. There are a number of ways I can defend a client.
- The stop, search, and seizure must be constructional or it will be contested;
- The evidence must be legally obtained or a motion to suppress will be filed;
- Any officer conditioning any test must be trained, experienced, and correctly administer the test or the results will be challenged;
- All witness will be tested for credibility and reliability;
- The evidence must be correctly preserved or it will be objected to; and
- Any plea offer must be fair and reasonable or I will advise against it.
Our attorneys diligently review all details of each case, collect all evidence, and develop the best possible defense that may lead to a dismissal, a reduced charge, not guilty verdict, or a diversion. A DUI is a life-changing event and hiring the right attorney can make all the difference in the outcome of your case. If you need representation in a DUI case, please call Cameron & Herrman, P.A. at (316) 265-0650.