In Kansas, an officer can request that a driver submits to a breath, blood, or urine test if he or she has “reasonable grounds” to believe the driver is intoxicated. It’s important to remember that this is a request from the officer, and drivers have the right to refuse to submit to DUI testing.
“In the event that a driver refuses to submit to testing, the officer would need a warrant to force the driver to comply,” said Jonathan W. McConnell, lead DUI attorney at McConnell Law Firm.
However, a driver’s right to refuse testing doesn’t protect them from penalties or other criminal charges, including a DUI. While refusing a test is legally within your rights, you could still have your license suspended or restricted, or revoked, as well as license fees and evidentiary consequences.
Possible Consequences of DUI Test Refusal
Invoking your right to refuse a DUI test comes with many potential legal ramifications.
- License restriction/suspension/revocation – If you refuse a chemical DUI test, you may have your license suspended for one year. Additionally, you will be required to only operate a vehicle equipped with an ignition interlock device (IID) for two to ten years based on how many incidents of test refusal you’ve had. These consequences are imposed separately from criminal charges and can lawfully be enforced even if you aren’t convicted of DUI.
- Evidentiary consequences – Refusing a DUI test doesn’t prove intoxication but prosecutors may use it as evidence that you were attempting to hide your intoxication. So it’s possible to be found guilty of DUI without a scientific test to prove it.
- Warrant – If you refuse to test, the officer can decide to obtain a warrant to draw blood. Once the officer has a warrant, the right to refuse testing no longer exists. If you refuse to test after a warrant has been obtained, the office is authorized to draw blood by force if necessary.
Need A Wichita DUI Attorney?
If you’ve refused DUI testing or been charged with a DUI, contact the DUI attorneys at McConnell Law Firm immediately. While every case is different and no conclusions should be drawn without first consulting an attorney about the specifics of your case, our team:
- Will explain the process of both the administrative and criminal proceedings.
- May be able to reduce on the amount of time you spend at court proceedings or even attend
on your behalf. - May be able to win an acquittal, win a dismissal, or negotiate a diversion and help to protect your driving privileges.
- May be able to reduce the impact on your driving record, improve the chance of keeping your auto insurance and even positively impact the long-term costs of your insurance.
Please contact our DUI attorneys today for a free consultation. We look forward to helping you!
