Uncovering Common DUI Myths and Misconceptions | Wichita DUI Attorney

WICHITA, Kan., Dec. 11, 2024 /PRNewswire/ -- Have you or someone you know been charged with a DUI? Before you fall down the never-ending rabbit hole of online advice, it's important to understand that not everything you read is true, especially concerning the legal complexities of DUI charges. In fact, the internet is often filled with countless myths and misconceptions that could land you in a world of trouble. Jonathan W. McConnell, our founding Wichita DUI attorney at the McConnell Law Firm, is debunking some of the most common myths and misconceptions surrounding DUI charges to help you stay safe and protected!

Myth: You Must Submit to Field Sobriety Testing

Truth: While law enforcement may use intimidation tactics to make you believe you must submit to field sobriety testing when pulled over, the truth is that you can refuse field sobriety testing at any time. The only thing you are required to do in the state of Kansas is to stop, follow all lawful orders, such as turning off your vehicle and stepping outside if instructed, and provide law enforcement with your driver's license, registration, and proof of insurance.

What to Know Before You Refuse Testing—An officer may arrest you after your initial refusal, but this does not mean you will be convicted or face additional consequences of losing your license. While daunting, it's often better to be arrested and booked before having the charges dismissed than fail a field sobriety test, which would lead to an arrest and further evidence against you.

Click here to learn more about the specifics of field sobriety testing!

Myth: Breathalyzer Tests Measure Your BAC

Truth: It's common to assume that breathalyzer tests measure a person's Blood Alcohol Content (BAC), but in actuality, breathalyzer tests estimate a person's BAC by measuring the chemical content of your breath. Because breathalyzers are an estimate, it's possible to receive inaccurate readings and false positives.

"The only way to accurately measure your BAC is through a blood test," said Jonathan W. McConnell, founding Wichita DUI attorney at the McConnell Law Firm. "If you have submitted to a breathalyzer test and believe you've received an inaccurate reading, you may choose to request a blood test for more accurate results."

Myth: Your BAC Must Be Above .08% to Be Charged

Truth: Kansas law automatically considers you impaired if your BAC is 0.08% or higher; however, it's still possible to face DUI charges if your BAC is any bit above 0.00%. In order for this to occur, law enforcement must have reason to believe you are impaired by alcohol or drugs to a degree that makes you unable to operate a vehicle safely. These charges usually result from failed field sobriety tests, erratic driving behaviors, and other signs of impairment, such as slurred speech or poor coordination.

Myth: You Must Be Driving to Be Charged With a DUI

Truth: Even though it's common for people to assume that you must be driving to be charged with Driving Under the Influence (DUI), that's not necessarily always the case. Kansas law is very clear on this matter—if you have control of the vehicle and the keys are within reach, you can still be charged with a DUI, even if the car is not in motion. This means that if you're sitting in your car, keys in the ignition, but not moving, you may face charges, as law enforcement cannot determine how you arrived at your current location and whether you previously drove intoxicated before parking.

Click here to discover how you can be charged with a DUI without ever driving!

Have You Been Accused?

If you are facing a DUI charge, we encourage you to contact the McConnell Law Firm as soon as possible. While every case is different, and no conclusions should be drawn without first consulting a Wichita DUI attorney about the specifics of your case, it is always in your best interest to have a skilled attorney by your side from the beginning.

Request a Free Consultation

Do you or a loved one need the assistance of an experienced Wichita DUI attorney? We encourage you to contact the McConnell Law Firm at (316) 243-5903 for a free consultation.

jonathanwmcconnell.com

SOURCE McConnell Law Firm