Do Kansas courts consider a "margin of error" in breath testing results?

Posted by Matt McLane | Dec 19, 2018 | 0 Comments

Kansas courts generally do not consider variances in a breath test machine (Intoxilyzer 9000) when a driver submits a test just slightly over the legal limit of 0.08%. The Kansas statute does not give any cushion to a driver who blows 0.08% an hour or more after being pulled over. The DUI statute allows for a whopping three (3) hour window for the collection of a breath or blood test. This time frame allows for the alcohol level to continue rising in the blood until it hits a peak, and then begins to decrease as the alcohol is metabolized over time.

McLane Law Firm

Matt McLane has been defending individuals charged with DUI, traffic and criminal offenses since his graduation from Washburn University Law School in 1996. Licensed in the states of Kansas and Missouri. Mr. McLane specializes in DUI and criminal defense throughout the Kansas City metropolitan area.

Contact Us Today!

Mr. McLane´s clients benefit from his experience and reputation of being a respected, professional attorney with a strong work ethic who is committed to successfully resolving every client´s legal challenges in a Timely and Professional manner.

McLane Law Firm, LLC
(913) 322-4715 (fax)
Mon: 08:30am - 05:30pm
Tue: 08:30am - 05:30pm
Wed: 08:30am - 05:30pm
Thu: 08:30am - 05:30pm
Fri: 08:30am - 05:30pm