Understanding the Permitted Blood Alcohol Limits in Kansas

Permissible Blood Alcohol Limits Under Kansas Law

In Kansas, the law concerning drunk driving is tied to a measure of blood alcohol concentration (BAC) known as grams of alcohol per deciliter of blood or, simply, g of alcohol/dL of blood. These technical units correspond to the percent levels we usually talk about: 0.02 = 0.02% Bac, 0.08 = 0.08% blood alcohol content. As I will explain below, Kansas has done away with the old terms like "driving under the influence" and "intoxicated" as a measure of guilt, concentrating instead upon the measurements of BAC.
The BAC is a measure of how much alcohol is present in your body, not how much alcohol you ingested to get there. This is an important distinction in Kansas DUI law (and nearly all state DUI laws). The amount of alcohol that will get you to 0.08 g/dL of blood is different for every person and every situation. Even within a single person, it will be different from one day to the next. For example, you could have a half a beer and find yourself at 0.02 g/dL but 2 hours later find yourself at 0.04 g/dL . This has to do with your body’s ability to metabolize (that means burn off and eliminate) the alcohol and how much alcohol is maintained in your system based on your physical situation, such as whether you are tired or have not eaten.
There are several different levels of BAC that concern Kansas law when determining whether someone has been driving while under the influence, or DUI. The first is 0.02 g/dL. In Kansas, this is the BAC level for those who are under 21-years-old. The second is 0.04 g/dL and it deals with commercial drivers, generally those who drive vehicles for a living or drive for a company as part of their job in order to earn that company income. For example, taxi cab drivers, delivery drivers and truck drivers fall under this category. The third level, 0.08 g/dL, is the BAC level that applies to every other driver in Kansas. Blood samples that fall between a particular range of BAC are referred to as "gated" and alcohol concentrations above and below that "gate" must be averaged out to determine whether or not someone is legally drunk.

How Kansas Police Measure Blood Alcohol Concentration

Kansas law enforcement officials utilize several methods to determine a person’s blood alcohol content (BAC). These methods may include breathalyzers as well as blood and sobriety tests.
Breathalyzers
Breathalyzers are the most common device used to measure BAC. An officer may ask you to blow into a breathalyzer at a Kansas DUI stop, either as the basis for probable cause or following an arrest. During this testing process, the officer will ask you to take a three-part test, using the breathalyzer device:

Before testing, the officer will ask you to agree not to eat, drink, smoke, or put anything in your mouth for 15 minutes.
After the appropriate waiting period, the officer will ask you to blow into the filter/pipe of the breathalyzer. The air sample is heated, and the vapor of the alcohol is graphically analyzed and digitally recorded.
The officer again asks you to agree not to eat or drink or put anything in your mouth for 20 minutes. Then the officer asks you to blow into the pipe/filter of the breathalyzer. During this test the monitor shows you a warning message.
After the results of the intoxilyzer or breathalyzer appear, the officer will ask you to review them and sign the printout.

If the officer determines that your BAC is 0.08 percent or more, he or she may ask you to agree to a blood or urine test test, or they may decline to test. If the officer chooses to decline testing, the officer will take your driver’s license or issue you a temporary license. The officer will then take you to the nearest law enforcement agency for an alcohol test.
Blood and Sobriety Tests
If you are stopped for driving suspiciously, the officer will likely ask you to submit to a field sobriety test. This test includes the following:

Horizontal gaze nystagmus test
You are asked to focus on an object 12-15 inches away.
You then follow the object from side to side, as your eyes are horizontal in a straight line.
The officer is looking for excessive jerking or stuttering.
This test offers no indication of mood-altering substances other than alcohol.
The test does not take into account any neurological disorders you possess.
The officer is required to perform a series of tests on an eight-point chart. If the officer is not instructed to administer all eight points or if it is not accurately recorded, the test will not be admissible in court.
Walk-and-Turn test
The officer will ask you to walk along a straight line, heel-to-toe.
You turn around and walk back while counting your steps.
The officer will be looking for loss of balance, using your hands, suddenly stopping while you are walking, or taking more than the number of steps you are supposed to.
One-Legged stand test
You are asked to balance on one leg with your other leg about six inches off the ground at a 45-degree angle.
You hold that position for 30 seconds.
The officer will be looking for you to hop, put the extended foot down, lose your balance, or continue counting after the count of 30.
Finger-to-Nose test
You place your left finger (with arm straight) in front of your face.
You touch your nose with the finger and then return to the initial position in front of your face.
This process is done with your right hand, then back to the left.
This process is done one more time with your eyes closed, using your right index finger to touch your face, with the officer watching to see if you can complete the test properly by doing all of the following:
Touching the tip of your nose with your finger.
Returning your finger to the initial position in front of your face.
Doing both of these very carefully.
This test can be passed by almost anyone and is more difficult for someone who has had too much to drink.

Penalties for Driving with a .08% BAC

If a chemical test indicates that a driver is above the legal alcohol limit, he or she can be facing serious penalties. The driver can be administratively suspended for 30 days and the possibility of a longer suspension is possible at a hearing. Additionally, the driver can be prosecuted in criminal court. In Kansas, this has become a very serious issue with local prosecutors enforcing a driving suspension upon conviction and some judges are ordering additional jail time beyond the mandatory minimum. Moreover, the criminal conviction can result in weighty fines. The administrative hearing and the criminal case are separate matters. Indeed, if a criminal conviction results, the suspension imposed can be revoked by administrative action of the Department of Motor Vehicles. The penalties for exceeding the legal limit in Kansas are as follows: First Offense – Kansas administered suspension of privileges for 30 days and may require an Interlock Ignition Device for one (1) year and conviction upon a charge of DUI may result in the following: 48 hours to 6 months in jail and/or one year driver’s license suspension, fine from $750-$1,000 plus court costs and probation supervision fees and completion of a Substance Abuse Evaluation and treatment. (These penalties are enhanced based on prior convictions and/or blood alcohol level.) Second Offense – Kansas administered suspension of privileges for one (1) year and may require an Interlock Ignition Device for one (1) year and conviction upon a charge of DUI will result in the following: 90 days to one year in jail and/or one year driver’s license suspension, fine from $1,750-$1,500 plus court costs and probation supervision fees and completion of a Substance Abuse Evaluation and treatment. (These penalties are enhanced based on prior convictions and/or blood alcohol level.) Third Offense – Kansas administered suspension of privileges of privileges for one (1) year and may require an Interlock Ignition Device for one (1) year and conviction upon a charge of DUI will result in the following: 90 days to one year in jail and/or revocation of driving privileges for three (3) years, fine from $2,500-$2,500 plus court costs and probation supervision fees and completion of a Substance Abuse Evaluation and treatment. (These penalties are enhanced based on prior convictions and/or blood alcohol level.) Fourth or Subsequent Offense – Kansas administrative suspension of privileges for one (1) year and may require an Interlock Ignition Device for one (1) year and conviction upon a charge of DUI will result in the following: 180 days to one year in jail and/or revocation of driving privileges for one (1) year, fine from $4,500-$7,500 plus court costs and probation supervision fees and completion of a Substance Abuse Evaluation and treatment. (These penalties are enhanced based on prior convictions and/or blood alcohol level.) There are other misdemeanors related to DUI crimes in Kansas such as a violation of the open container law. Convictions of these offenses can result in additional fines and penalties.

Defenses Against Kansas Driving Under the Influence Charges

One of your rights under the law is to be represented by a lawyer when you are facing criminal charges. Therefore, if you have been arrested on suspicion of driving under the influence in Kansas, you may want to reach out to an experienced Kansas driving under the influence (DUI) attorney to discuss possible legal defenses against these charges.
Common defenses
There are a few common defenses that may apply in a Kansas driving under the influence case:
Challenge the legality of the traffic stop. Not every traffic stop conducted is legal. The police must have reason to pull you over, meaning there needs to be reasonable suspicion that you are involved in criminal activity. If the traffic stop was in violation of your rights, then the charges against you could potentially be thrown out.
Challenge the accuracy of the breath or blood alcohol testing equipment . There are numerous ways an officer can mess up a breath test—holding it improperly, reading the results incorrectly, failing to calibrate it, etc. Breath tests are not infallible, and if it was not setup or used correctly, it could give you a result that was not accurate.
Challenge the sobriety field tests. Oftentimes, sobriety field tests are subjective, and how well you perform will depend on the officer’s interpretation. For people with disabilities, or who simply do not follow instructions well or cannot do such tasks, sobriety field tests may not be a good indication of whether someone is under the influence or not.
Challenge the administration of a blood test. In addition to breath tests, other common tests for determining blood alcohol content include blood and urine tests. Again, if these tests were not properly administered or taken, or if the analysis of the results is incorrect, these tests cannot be used as evidence of your BAC.

Effects on Kansas Insurance and Employment

All insurance companies consider a Kansas DUI conviction a risky behavior and thus substantially increases the rates, at a minimum, for coverage. This cost will likely be felt, not only by the driver who is convicted, but also their family if they share an insurance policy. In addition to this increase in premiums, the individual may see a higher application fees for other products that rely on a credit report or criminal background check such as renting a car or applying for a loan.
Some companies are confident that they can avoid hiring someone because of a criminal charge or conviction and may simply refuse to hire you. It’s scary to think that you were turned down for a promotion simply because you had a DUI conviction, and that may technically be legal. But it’s usually in the "gray" area of the law. If your boss has a concern that you may drive one of the company cars, or that a drunk driving conviction may affect your security clearance, your employer may have the right to refuse your promotion for those reasons if those apply to your job. But, as ever, consult an attorney for what you can absolutely do and what you cannot. An experienced defense attorney will be able to get you some perspective on your situation so that you are aware of the many possible opportunity costs, both financial and personal, of this charge.

How To Prevent Drunk Driving

Fortunately, several options exist to help you avoid a DUI charge. One of the simplest methods is to always have someone in your party who doesn’t plan to drink. Appointing a "designated driver" is a popular option. This person should not drink alcohol and should be prepared to drive everyone home. It also helps to find the number of a taxi company in advance. If you happen to be in a bind, many smartphone applications are available to summon a taxi to your location. Some applications even allow users to request a taxi within a certain distance of their location. Always remember that many establishments that alcohol serve have non-alcoholic drinks available , including soda and mineral water.
Ride-sharing services are another option to avoid a DUI charge. Many ride-sharing applications allow users to ride with someone else who is willing to drive them to their destination for a fee. However, you should not rely on a ride-sharing application, as it is best to have multiple options for a ride home. Otherwise, you may find yourself stranded in the town or city where you consumed the alcohol. The best method to avoid a DUI charge is to never choose to operate a motor vehicle while intoxicated. However, the methods discussed above can help you avoid a DUI charge.