What Happens If You Refuse to Take a DUI Breath Or Blood Test?

    Drunk driving continues to be a problem in Kansas City and across the country. Unfortunately, drunk drivers cause many fatal crashes and serious injuries to innocent people.

    Under Kansas law you have “implied consent” to take a breath, blood or urine test when stopped for suspicion of DUI. Refusing testing can result in automatic license suspension and other penalties.

    Refusal to Take a Breath Test

    Under Kansas law, drivers who are stopped at a DUI checkpoint or otherwise pulled over for drunk driving will be asked to submit to a breath or blood test in order to determine their BAC. Even though the test results can be used as evidence, a driver does not have to take the test and can refuse the request. However, refusing the test could have serious consequences with regard to your license.

    To be convicted of DUI, a prosecutor must prove that you were operating your vehicle while intoxicated or under the influence of alcohol or drugs to the extent that it rendered you incapable of safely driving. In many DUI cases, the BAC reading provides the prosecution with their strongest evidence.

    When a client refuses to take a breath or blood test, a skilled lawyer could use this to his advantage by requesting calibration records, other tests conducted at the same time and chromatograms of the sample. All of these could help to weaken the prosecution’s case against the client.

    Refusal to Take a Blood Test

    If you’re stopped for DUI due to being over the legal alcohol limit in Missouri or Kansas, you may be asked to take a breathalyzer test. A blood sample is another common way police can determine whether you were driving under the influence of alcohol or drugs. Our attorneys are adept at analyzing the accuracy of these tests to build a strong defense in your case. For example, we may request calibration records for the testing equipment or the chain of custody for a sample to see if it was improperly handled.

    Since 2012, it has been against the law in Kansas to refuse a breath or blood test. This is because of the state’s implied consent laws, which state that drivers have given their permission to submit to these tests if they are arrested for DUI. Our firm can help you avoid criminal penalties or a lengthy license suspension for refusing these tests by fighting the charges against you in court.

    Refusal to Take a Urine Test

    A DUI is a serious offense in Kansas City and comes with many penalties. First time offenders can qualify for a diversion program if they agree to go through treatment and fulfill other requirements. A conviction for a DUI will also lead to license suspension and higher insurance rates.

    Kansas law requires drivers to take a breath, blood or urine test if they are stopped by police officers. This is known as implied consent. The standard is a BAC reading of.08 or above, but there are certain exceptions such as commercial drivers and minors who can be arrested with a lower standard.

    The state’s interest in combating drunk driving and prosecuting DUI offenders does not outweigh a person’s constitutional right to privacy, the court ruled. The court struck down a law that made it a misdemeanor or felony to refuse the tests. The ruling will impact other states with similar laws. Individuals charged with a DUI in Missouri and Kansas must request an administrative hearing through the Department of Revenue or Missouri’s DMV or they will lose their license.

    Refusal to Take an Ignition Interlock Device

    If you refuse to take either a breath or blood test for alcohol, Kansas law requires that you be subject to a one-year license suspension and mandatory ignition interlock device. The suspension begins at the time of your arrest and ends with a hearing to determine whether or not you will be allowed to get a temporary restricted driver’s license.

    The officer must provide you with a form known as DC-27. This form serves as your temporary license during the suspension period.

    In addition to losing your driver’s license and being forced to install an ignition interlock device, a conviction for DUI or DWI in Kansas City MO could result in jail time, substantial fines and other serious consequences. Contact an experienced Kansas City DUI lawyer as soon as possible to fight for your rights. Your attorney will be unwaveringly committed to providing you with knowledgeable and comprehensive support throughout your case. Your legal team will be able to challenge the evidence and raise various defenses, including that you were not under the influence of drugs or alcohol at the time of your arrest.

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