Kansas considers driving under the influence of alcohol to be a criminal offense. Legislators understand the risk of driving with a blood alcohol content of .08 or higher; it makes the driver more likely to cause an accident. That accident may cause substantial property damage. It may result in injury to the driver and passengers, or to people in another vehicle, a crosswalk or even on a sidewalk. A person who is charged with this offense after causing an accident needs a dui defense attorney in Emporia KS for legal representation. It may not be possible to have the charges dropped or the case dismissed, but the lawyer may be able to prevent the worst consequences from occurring.
The situation is even more serious for a person whose BAC was .15 or higher at the time of the accident. Research has determined that some 70 percent of drunk driving accidents are caused by a driver with this level of intoxication. Minimum penalties are very severe, and judges are allowed to issue more than the minimum. A DUI Defense Attorney in Emporia KS becomes essential for helping the client retain freedom.
Even a person who did not cause an accident and is convicted of DUI is required to spend 48 consecutive hours in jail or perform 100 hours of community service. That is the minimum allowable penalty. Many people opt for the community service if the judge offers it because spending two days in jail is that undesirable to them. When someone has caused a collision, minimum and maximum penalties increase. A judge may be inclined to sentence the driver to six months or more in prison. The judge may want to be sure the individual realizes the irresponsibility and hazardous nature of his or her actions, and to become motivated to never drink and drive again. Repeat offenders are significantly more likely to cause accidents, and the court wants to prevent any further incidents. An attorney with a firm such as Helbert & Allemang Law Offices can provide legal counsel for someone charged with this crime. Visit us website for more