Legal Question in DUI Law in Kansas

can i get a dui if i got in a wreck but the cops didn't show up before the amulance and i blew a .2 at the hospital. Can i still be charged?


Asked on 1/05/10, 9:34 am

1 Answer from Attorneys
Sean Santoro Santoro Law Office

Yes. The legal limit for per se DUI in Kansas is .08. However, you may have several possible defenses. First, someone has to witness your driving. Second, your alleged intoxication must be while driving; that is, it is not enough for the state to prove you were intoxicated an hour after the crash. You must have been intoxicated while driving. Feel free to contact me if you want to look into this in more depth.

Sean Santoro/Licensed in Kansas and Missouri

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Answered on 1/11/10, 8:19 am


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