Overland Park Criminal & DUI Defense

5 DUI / DWI / Drunk Driving Myths.

There are many myths associated with Drinking and Driving. Here are 5 of the most common to help you separate fact from fiction.

Myth #1: All DUI's in Kansas are a Felony.

Fact: No, actually most DUI's in Kansas are misdemeanors. 1st, 2nd, and some 3rd time DUI's in Kansas are actually misdemeanors. This isn't to say they aren't still serious, because they are, but most are not felonies. A first time DUI charge in Kansas has penalties of: 48 hrs to 6 months in Jail, fines of $750 to $1000 plus a $150 ADSAP fee that goes to the state. Along with these jail and financial penalties. People will also face the potential suspension of their KS Driver's License.

Myth #2: Sucking on pennies or sticking other things in your mouth will lower your Blood Alcohol Content.

Fact: No, sucking on pennies or sticking other things in your mouth will not lower your Blood Alcohol Content, pennies will have no effect, and in fact some other things such as mouth wash, breath freshener, etc. can actually raise your B.A.C. Don't be a sucker, it makes no cents!

Myth #3: Alcohol Breath Testers measure the concentration of alcohol in a person's bloodstream.

Fact: No, Alcohol Breath Tester don't actually measure your Blood Alcohol Content (B.A.C.), instead they ATTEMPT to measure the alcohol on a person's breath in order to ESTIMATE a person's B.A.C. Which is the reason not all states permit their use, however Kansas does. Kansas uses the Intoxilyzer 8000 model.

Myth #4: An average size man or woman can consume 3, 4, or even 5 drinks in an hour and not exeed the B.A.C. limit to be charged with DUI.

Fact: No,The BAC will increase in your system for anywhere between one-half hour and three hours after you have stopped drinking, even while the level of impairment may be declining. Most women who have three or more drinks in an hour, or men who have four or more drinks in an hour will exceed the legal BAC limit for DUI for an extended period of time after they have stopped drinking. In situations where food is being consumed during the period of drinking, the BAC will continue to elevate for up to six hours after the last drink.

Myth #5: Even having one or two drinks greatly increases the odds of having an accident.

Fact: Drivers who have a low Blood Alcohol Content are no more likely to be in an accident than those who have consumed nothing.

And as always the best way to avoid being charged with DUI is to not drink and drive, but if you or someone you know does get charged with a DUI or other Criminal Charges, contact our office to speak with an experienced Kansas DUI Attorney today.

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