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DUI/DWI
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Bill Signed To Combat Underage Drinking And Drunk Driving
In his capacity as Acting Governor, Lt. Governor Aiona signed into law, H.B. 2639, H.B. 3242 and S.B. 702 as part of the Lingle-Aiona Administration's efforts to combat underage drinking and drunk driving.
"As parents and as community leaders, we can no longer view underage drinking as a minor infraction or 'rite of passage' for our teens," said Lt. Governor Aiona. "By condoning underage drinking, we are sanctioning illegal behavior and perpetuating a destructive cycle for our youth."
The new laws increase penalties for driving a motor vehicle with an alcohol blood level of 0.15 or higher, strengthen underage drinking enforcement by adding consumption, in addition to purchase and possession of alcohol, to the list of offenses prohibited by individuals under 21. The new "Use and Lose" law will suspend driving privileges for persons under 21 who illegally purchase, possess, or consume liquor.
In a DUI arrest, depending on the state, the officer will order you to take either a breath or blood test
If you fail (or refuse to take) a breath test, the arresting officer will take your license, and give you a yellow temporary license (Notice/Sworn Report/Temporary License). If your license was valid, the temporary license will be valid for 30 days from the date of arrest. In a blood test, the officer will send the Notice/Sworn Report / Temporary License to the DMV to issue a temporary license by mail.
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News about DUI & Drunk Driving cases in Kansas and nationwide:
Definition:
A sobriety test is a method of determining whether a person is intoxicated. Among the common sobriety tests are coordination tests and the use of mechanical devices to measure the blood alcohol content of a person’s breath sample.
Reasonable suspicion
Definition:
The officer must have what is legally termed a "reasonable suspicion," based on something unusual that is actually observed about the way a person is driving. This is a very low standard and it can be satisfied by virtually anything which appears out of the ordinary and that might be a sign of a driver being under the influence. In addition, during holiday seasons, police officers typically set up field sobriety checkpoints where they routinely stop every driver who passes through the checkpoint.
Arraignment
Definition:
Sometimes referred to as a “first appearance.” This date is typically located on the DWI Summons & Complaint near the “court appearance required” box that should be checked off. The arraignment is a formal procedure where rights are read, charges are read and explained, and a plea (guilty or not guilty) is entered.
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