If you are driving in Kansas City or the surrounding area after a night of drinking at a party or sporting event, the prospect of being arrested for driving under the influence (DUI) can evoke intense emotions of fear and anxiety. While the serious consequences that result from a DUI conviction in Kansas merits these intense emotions, the mere fact that you are arrested for DUI in Kansas City does not mean that you will actually be convicted. Experienced Olathe, Kansas DUI defense attorney Stacey Schlimmer has successfully employed a wide range of strategies to obtain a favorable outcome for clients accused of driving under the influence of alcohol.
There is a common misconception among many arrested for DUI that these cases are based on sound scientific evidence in the form of chemical testing of blood alcohol concentration which makes conviction a virtual certainty. The reality is quite the opposite because there are numerous defenses that can be successfully employed to obtain a dismissal of charges, “not guilty” verdict or reduction to a less serious driving offense. Olathe Kansas DUI attorney Stacey Schlimmer has provided an overview of a few examples of potential defenses that she may employ in this three-installment blog post.
Challenging the Law Enforcement Officer’s Stop
Police officers must have some legitimate basis for pulling over a driver. The officer will usually justify the stop based on a traffic violation or a pattern of driving characteristic of alcohol or drug impaired driving. While the strength of the evidence necessary to justify the stop does not need to rise to the level of “probable cause,” the officer must have “reasonable suspicion” that a crime is being committed based on specific facts. If the officer’s reason for initiating the stop does not rise to this level, all of the evidence obtained during the stop may be subject to suppression because the stop constitutes an unreasonable search and seizure.
Rising BAC Defense
The timing of when you consume alcohol, the traffic stop and the breath test can make it appear that you were intoxicated when you were driving though your BAC level did not rise above the legal limit until after you were stopped. If you consumed a drink immediately before leaving home with the intention of just driving a few blocks, for example, your BAC level could be lower than the legal limit when you were driving but have risen above the .08 percent BAC threshold during the time between when you were stopped and the formal breath test. It is illegal to have a BAC of .08 or higher when you are actually driving not just when you are tested.
Kansas City DUI defense lawyer Stacey Schlimmer is committed to zealously defending her clients charged with driving under the influence of alcohol in Johnson County or the surrounding areas of Kansas. You need an aggressive defense lawyer to protect your rights. Our Overland Park criminal defense law firm offers a confidential free consultation so call us today at 913.341.0484 or contact us online.