This is the second part of our two-part blog discussing tips to reduce the risk of being subject to a DUI arrest or conviction in Kansas. While there is no guarantee that you can avoid an arrest if you are pulled over after a night of drinking, this blog post is designed to provide guidelines for increasing the possibility you are allowed to drive home and reducing the likelihood of a DUI conviction.
Do not take FSTS or submit to portable breath testing.
Many people stopped by the police presume that the officer is attempting to determine “the truth” which is why the officer asks you to submit to these forms of testing. In reality, the officer probably has already assumed you are intoxicated and is attempting to gather enough evidence to constitute probable cause for a lawful arrest. Because the officer has a pre-determined expectation that you will fail the FSTs, this is the likely outcome. FSTS have a high rate of error in terms of incorrectly identifying drivers who are not intoxicated as being over the legal limit. Further, the portable breath test device is less accurate than a formal breath test following an arrest so you also should refuse to submit to the roadside breath test.
Do not be rude and abrasive with the officer.
While officers are expected to act in accordance with specific policies and procedures, they also exercise an enormous amount of discretion. Although you should not provide incriminating statements or submit to FSTs and roadside breath testing, you should be respectful and courteous. If you are argumentative and antagonistic, the officer may look that much harder for evidence to support an arrest.
Do not give the officer reason to prolong the roadside encounter.
When a police officer stops you and suspects you have been drinking, the officer will use observations during the stop to justify initiating a DUI investigation. There are specific physical manifestations of intoxication that the officer will look for including:
Do not consent to a search of your vehicle.
If the officer merely pulled you over because you were swerving, driving without your lights at night or committing a similar traffic violation, this does not without more provide a sufficient legal basis to search the non-accessible areas of your vehicle like the trunk. If the officer asks to search your vehicle, you should politely decline this request. While the officer may search the passenger compartment of the vehicle or glove compartment under certain circumstance, you should make it clear that you are not consenting to the search. If the officer searches your vehicle without a sufficient legal basis, this may result in suppression of evidence necessary to obtain a conviction.
If you are arrested for DUI in Kansas, drunken driving criminal defense attorney Stacey Schlimmer diligently defends the Constitutional rights, freedom and driving privileges of her clients. We will carefully evaluate and raise appropriate challenges to the legal basis for your stop, police officer observations, any field sobriety or chemical blood alcohol tests and other applicable defenses. Our DUI defense law firm offers a confidential free consultation so call us today at 913-219-5424 or contact us online.