Imagine being pulled over and an officer requesting that you take a breath, blood or urine test to determine Blood Alcohol Content (BAC) or the amount of potential drugs in your system. According to the McConnell Law Firm Driving Under the Influence (DUI) attorneys in Wichita, Kansas, drivers have the constitutional right to refuse such testing.
Your Rights
“Many people do not realize that, if you’re pulled over in Kansas, the only thing you are required to do is to give the officer your license and registration,” said Jonathan W. McConnell, the founding criminal defense attorney of the McConnell Law Firm. “You do not have to talk to them, do a field sobriety test or do a DUI chemical test of any kind.”
One reason it may be best not to speak or submit to a field sobriety test is that every part of the traffic stop is recorded, so if you are slurring your speech, having trouble tracking, stumbling or doing “sidewalk gymnastics,” it can all be used against you. If the officer asks you to step out of your vehicle, it is best to comply with the order. Again, however, you do not have to submit to any testing. You can stand still and continue to say nothing.
Consequences of Refusal
“The state cannot charge you with a crime for refusing a DUI test,” said McConnell. “However, the state is authorized to impose other penalties, including license suspension, restriction, revocation, evidentiary consequences and license fees.”
According to the online legal encyclopedia, NOLO, some of the possible repercussions of refusing DUI testing include:
- License suspension: Drivers who refuse a lawful request by an officer to take a breath, blood or urine test face a one-year license suspension. Thereafter, the driver will be restricted for two to 10 years to operate only a vehicle equipped with an Ignition Interlock Device (IID). The suspension and IID requirement are separate from any criminal consequences resulting from a DUI conviction and can be imposed even if the DUI charge is ultimately dismissed.
- Evidentiary uses: The fact that a driver refused to submit to testing can actually be used against them at trial. While refusal does not exactly prove intoxication, prosecutors often argue a refusal is indicative that the person was trying to hide intoxication. So, even without a valid evidentiary test, a driver can still be found guilty of DUI.
- Warrants: For drivers who refuse testing, officers have the option of obtaining a warrant to draw blood. Once the police have a warrant, the driver no longer has a right to refuse testing; police can even do the blood draw by force if necessary.
How We Can Help
If you have refused DUI testing or been charged with a DUI, contact the McConnell Law Firm DUI attorneys in Wichita as soon as possible. While every case is different and no conclusions should be drawn without first consulting a DUI attorney about the specifics of your case, our team of DUI attorneys have the experience and tenacity to ensure the best possible outcome for your case.
Contact the McConnell Law Firm at (316) 243-5903 for a free consultation. Our DUI attorneys in Wichita look forward to speaking with you!
