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As an seasoned Kansas City DUI lawyer, Steve Schanker explains that refusing to take a breathalyzer test in Kansas can come with some significant repercussions. So if you ever find yourself in a predicament exactly where you're becoming asked to take one, think twice before denying the officer's request.

You're 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 factor you know, you happen to be getting pulled over to the side of the road and are receiving questioned by a police officer about no matter whether or not you've been drinking. Despite the dui lawyer fact that obtaining pulled over for DUI can be rather terrifying, nothing at all puts a driver far more on edge than becoming asked to truly take a breathalyzer test.

If you're ever in this scenario, then you may be tempted to refuse a police officer's request that you take this test in order to defend your self from the repercussions involved in getting your final results indicate that you have been, indeed, over the legal limit. Right after all, why should you do some thing that could quite properly end up incriminating you for a DUI and placing your driver's license ? and your… future ? at risk?

Implied Consent Law
I have had a lot of clientele face this extremely predicament. Nevertheless, Kansas residents ought to know that refusing to submit to a breathalyzer test can come with some extremely significant repercussions, regardless of one's blood alcohol concentration. Like a lot of states all through the nation, when it comes to testing blood alcohol levels, Kansas has what is recognized as an implied consent law. This means that by holding a Kansas driver's license, a individual is essentially agreeing to comply with any request that might come up for him to take a breathalyzer.

If an officer has cause to suspect that you've been drinking primarily based on your behavior each on and off the road, then he has every single right to request that you submit to a breathalyzer test. Of course, police officers should 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 circumstances, on the other hand, it is feasible for a police officer to be wrong about his hunch and ask somebody to take a breathalyzer when he actually has not been drinking or engaging in any other sort of behavior that would impede his potential to drive. If this occurs to you, then it will nonetheless be in your very best interest to comply with the officer's request to take the breathalyzer test. Denying an officer's request ? even if you are completely innocent ? will only outcome in the harsh penalties that Kansas has in spot for refusal.

By refusing to submit to a blood alcohol test, you could finish up possessing your Kansas driver's license suspended for a year, regardless of whether or not you were actually guilty at the time of the officer's request. Taking into consideration the truth that several rely on the ability to drive in order to do their jobs, losing a license can come with some adverse logistical and economic consequences.

But for individuals with out-of-state licenses who refuse to take breathalyzer tests in [link] Kansas, the penalties will not be practically as harsh. If you hold a license in a distinct state but refuse to take a breathalyzer in Kansas, then you can lose your privilege to drive in Kansas for a year. Even so, you almost certainly won't shed your license totally.

What Men and women Ought to Understand
Although it's simple for me to see why an individual would choose to refuse a breathalyzer test and accept the penalties involved rather than face the criminal charges associated with DUI, I really feel that men and women ought to know that it really is attainable to ?pass? a blood alcohol test but still be convicted of DUI nonetheless.

In Kansas, a blood alcohol concentration of .08% is adequate to convict a person of DUI. Nonetheless, the prosecution is not essential to rely on blood alcohol tests alone when generating its case. If you refuse a breathalyzer test, or if you take a single and register a blood alcohol concentration that is under the .08% mark, then a court can nevertheless rely on aspects such as your impaired driving potential and questionable behavior at the time of the incident to discover you guilty of a DUI.

This post is for informational purposes only. You should not rely on this article as a legal opinion on any certain information or circumstances, and you should not act upon this data with out looking for specialist counsel. Neither publication of this write-up nor your receipt of this report generate an lawyer-client connection.
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Submitted on
February 16, 2014