Drinking and driving this holiday season or any other time comes at a price. It could cost a first offender 48 hours in jail and between $500 and $1,000 in fines.
Officer Jim Pritchard of the Emporia Police Department said officers look for several tell-tale signs that someone is driving under the influence — weaving in lane, speeding up or slowing down for no apparent reason, failure to dim headlights, driving left of center, stopping at green lights for an extended period of time or running a red light.
Once a driver is pulled over, Pritchard said, the officer checks for the odor of alcohol and other signs of intoxication.
“We take it to the next step and do a standardized field sobriety test,” Pritchard said. The driver may be asked to recite a sentence, follow an object with their eyes only, walk a straight line heel-to-toe, stand on one foot and count or any of a myriad of variations on the standard tests officers perform to gauge impairment.
A suspected drunk driver also may be asked to take a preliminary breath test, said Deputy Police Chief Mike Williams.
A person suspected of being under the influence may be taken to jail and given a breath, blood or urine test, Pritchard said.
“Refusal (to take a test) will result in suspension of driver’s license,” he said.
There is a 20-minute waiting period for a breathalyzer test to make sure there is nothing in the mouth. If the alcohol level in the blood is determined to be .08 percent or above, the driver is arrested.
People suspected of driving under the influence of drugs or alcohol may be locked up for 6 to 48 hours, Pritchard said.
“The car may or may not be towed depending on where it is stopped,” he said.
Once an arrest is made, the driver has two choices: either plead guilty or enter into a diversion. If a guilty plea or conviction is reached, the person will serve jail time. If a diversion is entered, jail time is waived but the fine still applies. Fines range from not less than $500 to not more than $1,000 for first offense. Probation is given for a year, as long as the diversion is completed successfully. If it is not, the person has to serve jail time.
A diversion counts as a first offense for purposes of imposing stricter penalties for subsequent DUI convictions. In Kansas, each person is allowed only one diversion for DUI.
Almost_There (anonymous) says...
I cannot believe what I just read! What is the odor of alcohol? I thought officers smelled for the odor of an alcoholic beverage? I thought there were only three test in the " Standardized Field Sobriety Tests "? HGN, walk & turn test, and the one leg stand. At least I thought thats what NHTSA put out. Does the Emporia Police re-certify SFST every two years as required? Hmmmm? READERS! if you are asked to take a PBT, take it. It's about a $200 fine if you don't! I thought in Kansas the only two mandatory arrests were Domestic Violence and DUI if there is reason to believe those crimes were commited? If you refuse to take any of the test, say good bye to your driving privies for a year! Now this really blows my mind; " Once an arrest is made, the driver has two choices: either plead guilty or enter into a diversion ". What happend to the right to a trial by judge or jurry? If this is how DUI's are written up in police reports, I know I can beat any case without an attorney! I think more research should have gone into this article before printing!
January 1, 2007 at 6:49 p.m. ( permalink | suggest removal )