Kansas DUI Charges
The crime of drunk driving in the state of Kansas is referred to as “Driving under the influence” (DUI). Kansas law prohibits persons from operating or attempting to operate any vehicle within the state while under the influence of alcohol, drugs, or any combination of alcohol and drugs to a degree that renders the person incapable of safely driving a vehicle.
DUI DRUG IMPAIRMENT – As mentioned above, under Kansas DUI law, persons who operate or attempt to operate any vehicle while under the influence of a drug or any combination of drugs will be charged with DUI. Persons who are habitual users of any narcotic, hypnotic, somnifacient or stimulating drug are also prohibited from operating or attempting to operate any vehicle in the state. The fact that a person is or has been legally entitled to use the drug(s) is no defense against a DUI drug impairment charge.
PER SE DUI - Kansas has a “per se” DUI law under which persons with a blood alcohol level (BAC) of .08 or more will be presumed impaired. It is possible to be charged under both the per se DUI provision as well as the operating under the influence provision of the Kansas DUI statute. In per se DUI cases, the prosecution will not be required to prove impairment at trial – the fact that the person submitted to a chemical test of their breath or blood that produced a result of .08 or higher is sufficient evidence to prove impairment.
MINORS – Under Kansas DUI law, persons under the age of 21 are prohibited from operating or attempting to operate a vehicle with a blood alcohol content (BAC) of .02 or higher.
COMMERCIAL VEHICLE DRIVERS – Persons who possess a commercial driver’s license (CDL) are prohibited from operating or attempting to operate a commercial vehicle with a blood alcohol level of .04 or higher. A DUI conviction will result in the suspension/revocation of the person’s CDL.
DUI INVOLUNTARY MANSLAUGHTER – Involuntary manslaughter while driving under the influence of alcohol or drugs is a severity level 4 person felony. Persons will be charged with DUI involuntary manslaughter if the unintentional killing of human being was committed in the commission of, attempt to commit, or flight from the act of driving under the influence.
VEHICULAR HOMICIDE – According to Kansas DUI and criminal law, vehicular homicide is the unintentional killing of a human being committed by the operation of an automobile, airplane, motor boat or other motor vehicle in a manner which creates an unreasonable risk of injury to the person or property of another and which constitutes a material deviation from the standard of care which a reasonable person would observe under the same circumstances. A vehicular homicide charge is a class A person misdemeanor offense.
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