Even though you may have been drinking, if you’re stopped for a DUI, you should never admit to having consumed any alcohol. In Kansas, even though you are not obligated to submit to roadside testing, you can still be fined for refusing to take a breathalyzer test. If you have been arrested for a DUI, here are some ways your attorney can fight the charges.
Beyond Reasonable Doubt
If your case goes to trial, an experienced DUI attorney will know what to do to fight the charges in court. One way that he or she can do so is by using the police report and/or the test to raise reasonable doubt. It is the prosecutor’s job to prove a person’s guilt beyond a reasonable doubt, but if your attorney can show that you were stopped unlawfully or the proper procedures were not followed, then he or she may be able to get the charges reduced or even dropped.
In Kansas, your BAC, or blood alcohol concentration, may be tested with a breathalyzer or by taking samples of your blood or urine. You cannot refuse the testing as Kansas is an “implied consent” state, meaning that if you have a driver’s license, you automatically consent to test. However, it must be done within two hours of your arrest, so if it isn’t, a DUI attorney could use that fact to your advantage to challenge the results of the test.
If you are stopped for driving under the influence, don’t admit to anything and do not plead guilty without first consulting with a DUI attorney. You will face harsh penalties if you’re found guilty of a DUI, so when you’re arrested, do not answer any questions but ask to speak to an attorney. Once he or she has the facts, an attorney can defend you and possibly get the charges dropped. To know more about how to select a dui defense attorney visit at Addair Thurston Chtd.