Legal Question in DUI Law in Kansas

Got arrested for DUI. Cop report says I used the bathroom and rinsed my mouth out with water prior to the 20 min deprivation period. They claim there is no video in the booking room. I know for a fact I went to the bathroom and drank a bunch of water during the 20 min period. The cop told me to leave the door open when I went in the bathroom as he sat across the room and could not actually see me. It's my word against his I assume. My question is that if it is prior to the 20 min deprivation pwriod then why would he not let me close the bathroom door? Is it required to leave a bathroom door open prior to the period? If not this pretty much proves the police report is false and the CIO is not telling the truth. Any info would be appreciated. Thanks.


Asked on 8/18/11, 8:15 am

1 Answer from Attorneys

Anthony Smith LawSmith

The purpose for the observation of the bathroom use, wa sto make sure you did not consume any alcohol while in there. You said you drank water, the officer says you rinsed your mouth out. Those two statements do not contradict each other. In drinking the water, one could say you rinsed your mouth. As A DUI can carry stiff penalties and haunt you for the rest of your working life, you should immedicatly consult direlcty with a criminal defense attorney. You may not hire the first one you meet, to represent you at court, but you need to get advice specific to the facts of your case soon. The time in which to act, is very short.

Good luck

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Answered on 8/23/11, 8:19 am


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