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Colgan Law Firm LLC
Serving Wyandotte, Leavenworth, Johnson Counties in Kansas and Beyond

Drunk driving Archives

Efforts continue to develop breathalyzer for weed

One promising device for detecting marijuana usage in drivers has been in development since 2016 and could be ready for mass production relatively soon. However, it may take a long time before widespread use of a machine like a breathalyzer for cannabis. Kansas residents might like to know more about the efforts to identify marijuana impairment.

Kansas residents face DUI charges after crashing into police cars

Two Kansas motorists were charged with driving while under the influence of alcohol on Aug. 17 after being involved in motor vehicle accidents with Wichita Police Department patrol cars. The first crash took place during the early morning hours on West Kellogg Drive. The second occurred in the late evening on North Hydraulic Street.

Drivers can refuse to take field sobriety tests

Before July 1, drivers in Kansas could be ticketed for not taking field sobriety tests. However, a change to state law means that drivers will now only face a license suspension for a test refusal. The license suspension is good for a full year, which is the same penalty for failing a blood or breathalyzer test. Furthermore, it is still possible for a driver to be charged and convicted of a DUI based on other evidence collected.

Potential penalties for a drunk driving conviction

Those who are found driving under the influence of drugs or alcohol on a Kansas road may face many different penalties, ranging from a fine to time in jail. It is also possible that a driver who is convicted of impaired driving will be required to have an ignition interlock device installed on his or her vehicle. Such a device won't allow a car to start if it a driver has a blood alcohol level of .02 or higher.

The keto diet could render false positive breath test for DUI

Residents of Kansas who are on the popular keto diet for health and weight loss might want to hear about a curious drunk driving case that happened earlier this year. The Houston-area attorney for a man who was charged with DUI got the charges dropped after discovering that his client was on the keto diet. The attorney claims that a positive breath test was reading alcohol on the man's breath that was not there because he had been drinking, but because he was in ketosis.

Kansas man sentenced for fatal DUI crash

A 24-year-old man was sentenced to nine years and one month in prison on April 5 for causing an August 2017 crash that claimed the life of his passenger. In February, a Sedgwick County jury found the man guilty of involuntary manslaughter while impaired by drugs, aggravated battery, driving with a suspended driver's license and failing to yield at a stop sign. However, the man was not immediately transported to prison and is instead being held at the Sedgwick County Jail. This is because there is another criminal case pending against him.

Nystagmus test gives controversial sobriety results

A nystagmus test is a common sobriety test that is used in the field to determine if an individual is under the influence of alcohol. The test is formally referred to as the Horizontal Gaze Nystagmus test. The term "nystagmus" is an involuntary movement of the eye, such as a jerking or jiggling motion.

Kansas teen accused of DUI after driving recklessly

Following a hit-and-run collision on Jan. 12, a Kansas teen was accused by police of driving under the influence. The teen's pickup truck was heading north on a street in Cowley County when it struck a parked pickup truck on the same stretch of roadway. After the accident, the 17-year-old driver was taken into custody.

Drug use increasingly evident among drivers who die in crashes

The laws in Kansas against drunk driving have been clear for years, but drug-impaired driving is more difficult to detect than alcohol. Research assembled by the National Transportation Safety Board has revealed a substantial increase in drug use among drivers who died in crashes. In 2006, toxicology testing of deceased drivers measured the presence of drugs, such as prescription drugs, marijuana or opiates, in 30 percent of victims. By 2015, the number of deceased drivers testing positive for drugs had gone up to 46 percent.

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