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25 Jun 2015

It’s that time of year when the weather gets hot and the Tuttle Creek River Pond campgrounds start to get a little crazy.  It’s Country Stampede time in Manhattan, Kansas.  Country music will be center stage for the entire Country Stampede weekend while more than 30,000 people camp out, party, and over-consume.

The party atmosphere and heavy drinking at Country Stampede also means there will be an abundance of law enforcement available to keep the peace.  They will be on the lookout for Driving Under the Influence (DUI) minor in consumption of alcohol, minor in possession of alcohol, and other alcohol related offenses.

A DUI at Country Stampede could land you in jail and ruin your weekend.  And MIP or MIC won’t land you in jail, but it could really put a damper on things.

If you are being pulled over and you have been consuming alcohol, here is what you can expect:

1. The officer may ask you if you’ve been drinking.  This question will depend on the reason or offense he/she is pulling you over for.  If you failed to maintain a lane, it’s likely you will get this question. If you’re speeding, it may be less likely. If it’s 2:30 a.m., you can expect the question almost 100% of the time.

2. If you answer “yes” to the question above or the officer detects alcohol or observes indications of driving under the influence, you are likely to be asked out of the vehicle.  A series of tests will be administered that will try to gauge your level of intoxication. You are NOT obligated to take these tests and you may politely decline them.

3.  The officer may also ask that you take a preliminary breath test or PBT.   The officer will tell you that a refusal of the PBT is a traffic infraction. If you blow and it is over a .08 blood alcohol level, you will be arrested for DUI and taken to the police station, either Riley County Police Department or the Pottawatomie County Sheriff’s Office.

4. Once you get to the station you will be asked to take a breathalyzer via a large, carefully calibrated Intoxylizer machine which will measure your blood alcohol level.  This test, the one they conduct at the police station, is the test which is admissible in a criminal trial to prove that you are driving while under the influence (over .08).   If you blow over this number, you will be issued a citation for DUI, given a bond likely in the amount of 750.00, and be required to appear at the court date provided to you on your bond sheet.   The location where you were stopped will dictate what court you will have to appear in.

This is just a very rough run down of a DUI arrest process. There are many varied scenarios for how it can unfold that must be examined on a case-by-case basis.  If you find yourself with a DUI, MIP, or MIC while at Country Stampede, call an experienced Manhattan, Kansas DUI attorney.  

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