You have been out having a good time but as much as you want to stay on enjoying the great company you are in, you must get home to rest because you have work the following day. Well, that seems like a really good plan except that you are legally not in any state to be driving.
Most people who drive after a session of drinking are aware of the potential risks; getting into an accident or having a court order for breathalyzer installation; they are just relying on luck. Even law-abiding citizens occasionally fall into this trap – so here is a guide as to the events that lead to getting a breathalyzer in your car;
You are flagged by a traffic police offer
The manner in which a car is being driven is the first indication that the driver could be intoxicated. A Kansas City police officer who suspects DUI pulls over motorists with the intention of administering Field Sobriety Tests. This basically means that they physically observe you and ask you to perform simple tasks. If your coordination appears impaired, they will ask you to blow into a breathalyzer.
The Blood Alcohol Content or BAC of a driver who is capable of driving should be below 0.07% – anything over this will get you arrested.
Is this request legal? Absolutely! when you receive your driver’s license, you automatically grant consent to law enforcement to conduct a breath, blood or urine test to test for intoxication. It is an offense under Kansas law to refuse any such tests.
You will be arraigned in a court of law
This means that you will be presented before a judge to plead your case. Since you will have already been given permission to make a single phone call, someone might have arranged an attorney for you. The court requires that you have a representative so you can either source one personally or get one appointed by the state public defender.
If this is the first DUI conviction that you have been involved in, expect a 90-day suspension of your driver’s license. After serving the first 30 days of your suspension, the court might grant you a Restricted Driving Privilege permit with a validity of 60 days. Make sure that you meet all the reinstatement requirements if you are looking forward to driving again. Any second, third and subsequent DUI convictions will attract a longer suspension; up to 10 years if it happens for the third time.
Sometimes the court will look at prior convictions to determine the nature of the sentence to be awarded. At the very least, all DUI convictions require that the vehicle owners install a breathalyzer or Ignition Interlock Device. If the BAC levels are high, even for first-time offenders, the court might order installation.
You will definitely be slapped with an IID installation requirement if the arrest happens within 6 months of the last DUI or the arresting officer reports refusal to blow into the breathalyzer.