DUI Friday

It's Friday, so I fell like it's a good time to talk about DUIs.  There is also going to be a DUI checkpoint this weekend in the Kansas City area, so it's especially poignant to talk about this now.

When you get pulled over, it's typically for a minor traffic infraction such as failure to signal, failure to come to a complete stop, or the all-time cop favorite: "you had a tag light out."  In Manhattan, KS another common reason for a policeman to pull over a vehicle is for swerving.

Once your vehicle is pulled over, a cop need only suspect you are under the influence in order to ask you to perform field sobriety tests.  Things such as watery, blood shot eyes; slurred speech, confusion, and fumbling to get your ID are all "indicators" of intoxication by most cop's standards.  The problem is, of course, these tests are completely subjective and each indicator can be caused by many, many other things. Another indicator cited on almost every police report I see for a DUI is odor of alcoholic beverage.  Of course, we can't be there to check for smell at the time someone is pulled over, so there's no way to verify whether there was actually an odor of alcohol or where the odor was coming from.  At this point, we are totally relying on the word of the law enforcement officer.

IMPORTANT POINT: when a cop asks you where you're coming from, you do not have to tell them.  You are perfectly permitted to say "the north" instead of "Tubby's" or "Bobby T's."

So you've been pulled over, and something has made the officer believe that you're under the influence.  He/she has pulled you out of the car and now wants you to do the walk and turn, stand on one foot, and the whole song and dance.  These are standard field sobriety tests and you do not have to do them.  You are in no way obligated to do a standard field sobriety test. 

Now, whether you do the tests or not, the officer will probably ask you to do a preliminary breath test.  This is a breath test that occurs out in the field.  It is a small hand held device that you blow into to determine your blood alcohol content.  If you refuse to take this test or fail this test, it is a traffic infraction in the State of Kansas.  Here, it's important to note that if you fail or refuse this preliminary breath test, you have 14 days to request an administrative hearing from the Kansas Department of Revenue.  This requests also costs $50 which needs to be sent within 14 days as well.  It's important to contact an attorney as soon as possible so they may help you preserve your rights.

After the preliminary breath test, whether you failed or refused, if the officer has enough evidence, he/she will arrest you, read you your rights, and take you to the police station. 

We will cover more on DUI arrests in Manhattan, Kansas and surrounding areas next Friday, in the next installment of DUI Friday.

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DUI Friday is brought to you by Manhattan, KS Attorney.