Both law enforcers and lawmakers have a particular dislike of drunken drivers. This factor alone makes it imperative for anyone accused of driving under the influence, whether guilty or not, to make sure their rights are always protected. Any attorney who assists in DUI defense needs to know Pennsylvania DUI laws inside and out, including any pending changes.
A new law in Kansas may work for the benefit of the accused, where their state Supreme Court has ruled the police may no longer search a car simply because they believe they smell alcohol. While this law is good for protecting those who have not actually broken any law, some are worried that the law will make it easier for drunk drivers in Kansas to remain on the road.
As the current law stands, a driver who passes the sobriety test is now free to go, even if the car unmistakably smells of alcohol. A Kansas defense attorney stated to the press that the smell of alcohol is not enough of a reasonable suspicion to search a car.
Sobriety tests are still allowed when drivers are stopped and those who drive while under the influence in Kansas will still go to jail.
Not everyone arrested for drunk driving is actually drunk. There are many reasons one could fail a sobriety test and breath analysis is not perfect. Even if you agree with the police assessment of your sobriety, you should never go before a judge without the best possible legal representation. You can find the best with Steven Kellis, a former DUI prosecutor who now defends those charged with DUI. Call us today for a free consultation and we will see what we can do to bring your case to its best possible resolution.