In Kansas, there are laws that must be followed when it comes to drinking and driving. Some of those laws include how much alcohol can be in your system when you are considered intoxicated or under the influence. If you are under the drinking age, the laws are a bit stiffer.
The "per se" laws state that if your blood alcohol concentration is .08 or higher, you are considered intoxicated. Police do not have to prove you are intoxicated in other ways.
If you are under the age of 21, and you blow a .02, you will be placed under arrest. You could count yourself lucky because many states have a "zero tolerance" for underage drinking and driving.
You could have your license suspended if this is your first offense and revoked if this is your second or third time drinking and driving.
You may even have to have an ignition interlock device on your car. This is an apparatus that makes you blow into a tube attached to your car and will not let you start it if you have been drinking at all.
You may choose not to consent to a Breathalyzer test and you also may not agree to perform any sobriety field tests. That is your choice. If you choose to forego these tests, you will likely face other consequences and can still be charged with DUI.
Having an attorney by your side at a time like this is advisable. He or she will know what the law says and can help you build a strong defense against the charges.
Source: FindLaw, "Kansas DUI laws," accessed Jan. 29, 2016
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