Kansas DUI Attorney Discusses How You Can Be Arrested for DUI Without Ever Drinking a Drop

Drinking and driving is a major offense that can cost a driver thousands of dollars, his or her license, and even his or her freedom for a period of time. While drinking and driving is a serious nationwide problem, this does not mean that there are not responsible drivers who follow the laws of the land. However, even motorists who are acutely aware of and take precautions to avoid drinking and driving, may be surprised to learn that a driver can be arrested for DUI without ever consuming a single drop of alcohol. If this is shocking to you, imagine the following scenario:

You are headed out to a local pub on a Thursday night to celebrate a friend’s birthday. On the drive there, you decide to pop a few prescription pills for the splitting headache that has been nagging you all day. You took a hay fever pill about an hour before leaving work, but does not seem to be working. Unbeknownst to you, both pills can cause drowsiness. Once at the pub, you pass on your usual cocktail or beer and opt for a soda since you know you have an early morning the next day. Feeling not quite yourself, you opt to head home a little early. On the way home, you completely miss a stop sign and crash into another vehicle. The officer who arrives at the scene sees your blood shot tired eyes and the bottle of prescription pills in your car. You tell the officer that you took the pills for a headache and that you must have dozed off for a second. The officer arrests you on suspicion of DUI.

This scenario shows just how easy it can be for a person to be arrested for DUI without having a single sip of alcohol. DUI is not a crime limited to alcohol consumption. A person can also be arrested for DUI if he or she is under the influence of any drug, prescription, over-the-counter, or illegal. Drugs, just like alcohol, have the power to impair a driver’s ability to safely operate a motor vehicle. However, unlike alcohol, there is no safe or legal amount.

In Kansas for example, a person is said to be driving under the influence of alcohol when he or she has a .08% blood alcohol concentration (BAC). However, for drugs there is no such equivalent measure. In essence, this means that a police officer’s decision to arrest a person for DUI based on drug use is based predominantly on the officer’s observations of the motorist and his or her assessment of the scene. In the above scenario, the driver had blood shot eye, taking prescription pills, admitted to possibly dozing off for a second, and had a bottle of prescription pills in the vehicle. In Kansas, this could be enough for an officer to arrest a person for DUI.

It is also important to keep in mind that Kansas law does not distinguish between illegal and legal drug use. In other words, the law does not care if a person was high as a kite on cocaine or if he or she was drowsy due to the side effect of taking a prescribed dose of a doctor recommended medication.

If you were arrested for driving under the influence of drugs, it is vitally important that you seek the assistance of an experienced Kansas DUI Attorney to protect your rights. For more than thirty years Kansas DUI Defense Attorney, Charles E. Whitman has been defending men and women charged with DUI. To schedule a free confidential consultation today contact The Whitman Law Offices at (785) 843-9460. Driving under the influence of drugs is a serious charge that requires the knowledge of a seasoned DUI Defense Attorney. At The Whitman Law Offices, you can trust that you will receive top-notch legal representation.


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