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Frequently asked questions regarding what to do when stopped for DUI
Question:
What is the punishment for drunk driving?
Answer:
Again, this varies according to whether a good plea deal is worked out, which number DUI this is, whether you blew, and the level of intoxication. Generally speaking, a conviction for a first offense, without other cahrges, may involve a fine, a license suspension, attendance at a DUI education course, probation for one year, and possibly a weekend in jail. A second time offense usually requires a very short jail sentence or special alcohol intervention program followed up by house arrest. Additional punishment may involve community service, ignition interlock devices, AA meetings and/or impounding of the vehicle. A third time DUI is a felony and requires a Kansas legislated minimum of 90 days incarceration. A majority of this time can be served under house arrest if a good deal is worked out for you.
Question:
What is a "rising BAC defense"?
Answer:
It is unlawful to have an excessive blood-alcohol concentration (BAC) at the time of DRIVING—not at the time of being TESTED. Since it takes between 30 minutes and 3 hours for alcohol to be absorbed into the system, an individual's BAC may continue to rise for some time after he is stopped and arrested.
Commonly, it is an hour or more after the stop when the blood, breath or urine test is given to the suspect. Assume that the result is .10%. If the suspect has continued to absorb alcohol since he was stopped, his BAC at the time he was driving may have been only .07%. In other words, the test result shows a blood-alcohol concentration above the legal limit—but his actual BAC AT THE TIME OF DRIVING was below.
