DUI Myths & Misconceptions
Sept. 30, 2022
In the moments following a DUI arrest, it’s natural to feel overwhelmed as questions quickly arise: What are the charges? What are my rights? What are the consequences? What happens next?
Typically, in an effort to sooth anxiety, most individuals default to what they think they know or turn to the internet for help. Both tactics can be quite risky and send you down a rabbit hole that is full of myths and misconceptions. Getting arrested for a DUI is a stressful experience—many people make it even worse by believing everything they hear or read.
At Chahine Legal LLC, I make it my goal to clear the muddy waters for my clients, providing an accurate path forward for those facing drunk driving charges. If you live in Lawrence, Kansas, or throughout Kansas and Missouri, reach out to my firm to set up a one-on-one consultation. As a DUI attorney, I’m here to advocate for your rights and defend you when you need it most.
DUI Charges in Kansas
Kansas law prohibits all individuals from operating a motor vehicle with a blood alcohol concentration (BAC) of .08% or greater. Generally, first and second offenses are charged as misdemeanors which can carry steep fines and up to one year in jail. Felony charges for third- and fourth-time offenders are far more severe and can impose long-term consequences. It is important to note that offenders with a prior criminal history are more likely to receive harsher penalties for a DUI conviction.
Common Myths & Facts About DUI Charges
Over the years countless myths have risen about the ways to beat a DUI charge. It is important to know that believing these myths can put your freedom in jeopardy and lead to consequences that last for years. Although this isn’t a definitive list of every possible myth, the five myths listed below merit careful attention.
A DUI charge isn’t worth fighting.
This is false. Most people have little understanding of the law beyond their basic Miranda rights. From inaccurate field sobriety testing measures and equipment to lack of probable cause, every DUI charge warrants a closer look at the facts. Even poor driving judgment or mistakes following driving laws may be an option for defense. Never assume the case against you is a slam dunk.
A DUI charge is so common it won’t be that serious.
Again, this is a myth. Even a first-time offender can experience the harsh consequences of a DUI conviction. Not only may you face hefty fines and have your driving privileges revoked but you could be mandated to attend court-ordered programs, placed on house arrest, or even end up in jail.
You must submit to a field sobriety test.
This one is tricky. Law enforcement often uses brash and intimidating tactics to convince you that you are required to consent to a field sobriety test. The truth is that you do not have to take a field sobriety test and can refuse at any time. Field sobriety tests often rely on physical strength, hand and eye coordination, and fine motor skills that some individuals may be lacking. If you consent to anything, it should be the breathalyzer test or blood testing that can be administered by a medical professional in order to minimize the margins for error.
You need to be actually driving in order to be arrested for DUI.
False. As with most states, even if you are sitting in the driver's seat of a parked or idle car in Kansas, you could be charged with DUI.
A DUI charge won’t stay on my permanent record.
What may seem hard to believe is that a DUI conviction can remain on your permanent record for life. Although there are options to have the scar on your criminal record removed through expungement, there is no guarantee a judge will grant the request. This means your personal credit, housing, and employment opportunities may be affected for a very long time.
Fight For Your Future
Separating fact from fiction on the internet is hard. The truth is that a DUI is a serious charge, but it shouldn’t ruin your life. If you are facing a DUI charge, you need to know the truth about what to expect—and you need a criminal defense attorney who will fight to protect your future. If you are in Lawrence, Kansas, or the surrounding areas, reach out today to discuss your unique case.