The Kansas legislature ahs prescribed the offense of driving under the influence in Kansas Statute 8-1567(a). The statute is wholly contained. This means the statute details the entirety of the crime including the arrest to the prosecution and terms of sentencing.
Elements of a Kansas DUI
K.S.A. 8-1567. Driving under the influence.
(a). Driving under the influence is operating or attempting to operate any vehicle within this state while:
(1) The alcohol concentration in the person's blood or breath … is .08 or more;
(2) the alcohol concentration in the person's blood or breath, as measured within three hours of the time of operating or attempting to operate a vehicle, is .08 or more;
(3) under the influence of alcohol to a degree that renders the person incapable of safely driving a vehicle;
(4) under the influence of any drug or combination of drugs to a degree that renders the person incapable of safely driving a vehicle; or
(5) under the influence of a combination of alcohol and any drug or drugs to a degree that renders the person incapable of safely driving a vehicle.
Elements in Plain English
Put simply, the prosecutor essentially only need to prove that (1) a person was driving while (2) under the influence of alcohol or drugs. While this may seem straightforward, a knowledgeable defense attorney can, and should, challenge every piece of evidence to make a guilty verdict difficult or impossible.
The Elements Defined
In every Kansas DUI, the government must prove every element of a DUI as prescribed in K.S.A. 8-1567. While terms like "vehicle" may have ordinary meanings, the terms also have legal requirements that must be met. If those legal requirements are not met, you are not guilty.
If you have been charged with DUI, you need an attorney who has put the work in to challenge a Kansas DUI. Contact Attorney Adam D. Stolte at 913-270-0497 if you have questions about your DUI charges.