As an experienced Kansas City DUI attorney, Steve Schanker explains that refusing to take a breathalyzer test in Kansas can come with some serious repercussions. So if you ever find yourself in a situation where youre being asked to take one, think twice before denying the officers request.
Youre driving along on the highway after a night out on the town, when all of a sudden, you see flashing lights coming up behind you. The next thing you know, youre being pulled over to the side of the road and are getting questioned by a police officer about whether or not youve been drinking. Although getting pulled over for DUI can be rather terrifying, nothing puts a driver more on edge than being asked to actually take a breathalyzer test.
If youre ever in this situation, then you may be tempted to refuse a police officers request that you take this test in order to protect yourself from the repercussions involved in having your results indicate that you were, indeed, over the legal limit. After all, why should you do something that could very well end up incriminating you for a DUI and putting your drivers license and your future at risk?
Implied Consent Law
I have had many clients face this very predicament. However, Kansas residents should know that refusing to submit to a breathalyzer test can come with some very serious repercussions, regardless of ones blood alcohol concentration. Like many states throughout the country, when it comes to testing blood alcohol levels, Kansas has whats known as an implied consent law. This means that by holding a Kansas drivers license, a person is essentially agreeing to comply with any request that may come up for him to take a breathalyzer.
If an officer has reason to suspect that youve been drinking based on your behavior both on and off the road, then he has every right to request that you submit to a breathalyzer test. Of course, police officers must also follow the proper protocol when it comes to administering and processing blood alcohol tests, but as long as they do so, they are perfectly justified in acting on their suspicions.
Penalties for Your Refusing the Test
In rare situations, on the other hand, it is possible for a police officer to be wrong about his hunch and ask someone to take a breathalyzer when he actually has not been drinking or engaging in any other sort of behavior that would impede his ability to drive. If this happens to you, then it will still be in your best interest to comply with the officers request to take the breathalyzer test. Denying an officers request even if youre completely innocent will only result in the harsh penalties that Kansas has in place for refusal.
By refusing to submit to a blood alcohol test, you could end up having your Kansas drivers license suspended for a year, regardless of whether or not you were actually guilty at the time of the officers request. Considering the fact that many rely on the ability to drive in order to do their jobs, losing a license can come with some negative logistical and financial consequences.
But for people with out-of-state licenses who refuse to take breathalyzer tests in Kansas, the penalties wont be nearly as harsh. If you hold a license in a different state but refuse to take a breathalyzer in Kansas, then you can lose your privilege to drive in Kansas for a year. However, you probably wont lose your license completely.
What People Should Realize
Although its easy for me to see why someone would prefer to refuse a breathalyzer test and accept the penalties involved rather than face the criminal charges associated with DUI, I feel that people should know that its possible to pass a blood alcohol test but still be convicted of DUI nonetheless.
In Kansas, a blood alcohol concentration of .08% is enough to convict a person of DUI. However, the prosecution is not required to rely on blood alcohol tests alone when making its case. If you refuse a breathalyzer test, or if you take one and register a blood alcohol concentration that is below the .08% mark, then a court can still rely on factors such as your impaired driving ability and questionable behavior at the time of the incident to find you guilty of a DUI.
This article is for informational purposes only. You should not rely on this article as a legal opinion on any specific facts or circumstances, and you should not act upon this information without seeking professional counsel. Neither publication of this article nor your receipt of this article create an attorney-client relationship.
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Kansas DUI Laws
November 15, 2013 at 11:21 PM
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