Understanding DUI Charges: Myths, Truths, and Legal Guidance from Wichita Attorneys

Common DUI Myths and Misconceptions Debunked

Navigating the complexities of DUI charges can be overwhelming, especially with so much misinformation circulating online. If you or someone you know is facing a DUI charge, it's essential to understand the facts rather than relying on potentially harmful online advice. Jonathan W. McConnell, a prominent DUI attorney in Wichita, offers clarity by debunking several widely held myths about DUI arrests and tests.

Myth: You Must Submit to Field Sobriety Tests

Truth: While many believe they have no choice but to comply with field sobriety tests during a traffic stop, this is not the case. In Kansas, you are not legally obligated to undergo roadside testing. You are expected to stop your vehicle safely, provide your driver's license and registration, and follow any lawful directives from the officer.

Although refusing a sobriety test could lead to an arrest, this doesn't automatically result in a conviction. On the contrary, failing the field sobriety test could provide the officer with evidence to support charges against you. As McConnell advises, it might be in your best interest to refuse testing under certain circumstances.

Myth: Breathalyzer Tests Accurately Measure Blood Alcohol Content (BAC)

Truth: Many people are under the impression that breathalyzer tests provide an accurate measure of their BAC. However, these devices actually estimate BAC levels based on breath samples, leading to the possibility of inaccuracies and false positives. For an accurate BAC reading, a blood test is the only reliable method. If a breathalyzer indicates a potentially wrongful reading, individuals can request a blood test for clarification.

Myth: BAC Must Exceed .08% to Face DUI Charges

Truth: While a BAC of .08% or higher qualifies as legally impaired, you can still be charged with DUI even with a BAC of .00% if law enforcement believes you're impaired to the extent that you cannot drive safely. Signs of impairment—erratic driving, slurred speech, or poor coordination—can lead to charges regardless of BAC levels.

Myth: You Have to Be Driving to Get Charged with DUI

Truth: Many mistakenly think that DUI charges can only stem from actual driving. However, Kansas law allows for DUI charges if you are operating a vehicle—regardless of whether it’s moving. If you're found with the keys in your possession while in a stationary vehicle, law enforcement may still charge you, as they can't determine your sobriety when you parked.

What to Do If You're Accused

Being accused of a DUI can be daunting, but the most crucial step you can take is to contact an experienced attorney, like those at the McConnell Law Firm. Each DUI case varies, and understanding your specific situation and options is vital for a favorable outcome.

For anyone facing a DUI charge, securing skilled legal representation from the beginning can significantly affect your case’s direction and results. McConnell Law Firm offers free consultations to discuss your situation in detail, ensuring you receive the legal assistance you need to navigate this challenging experience.

Interested individuals are encouraged to reach out directly at (316) 243-5903 or visit jonathanwmcconnell.com for personalized legal advice.