Kansas, like many other states, has enacted an implied consent law to address the issue of driving under the influence (DUI). This law can have serious consequences for drivers suspected of DUI; understanding its implications is crucial for anyone who drives in Kansas.
In this blog post, we'll delve into the specifics of Kansas' implied consent law and explain how it can impact your rights as a driver.
What Is Implied Consent?
Implied consent laws are designed to make it easier for law enforcement officers to obtain evidence of impaired driving. Under these laws, by operating a vehicle on public roads, a driver is considered to have given their implicit consent to submit to chemical testing for drugs or alcohol if they are suspected of DUI. In Kansas, this means that if an officer has reasonable grounds to believe you have been driving under the influence, you are required to submit to a blood, breath, or urine test.
Refusing a Chemical Test
If you refuse to take a chemical test under Kansas' implied consent law, you can face serious consequences. Refusing a test can result in the automatic suspension of your driver's license for one year. Additionally, the refusal can be used against you in court as evidence of your guilt.
It's important to note that you have the right to consult with an attorney before deciding whether to take a chemical test. However, this consultation must not unreasonably delay the administration of the test.
Consequences of a Test Failure
If you submit to a chemical test and fail (i.e., your blood alcohol concentration is 0.08% or higher), you can expect to face administrative penalties in addition to any criminal charges for DUI. Failing a chemical test can result in the suspension of your driver's license for 30 days, followed by a restricted driving period.
Challenging the Test Results
If you believe the chemical test results are inaccurate or the testing procedure was flawed, you can challenge the results in court. An experienced DUI attorney can help you explore your options for contesting the test results and potentially avoid the suspension of your driver's license.
Get the Help of an Experienced Olathe DUI Defense Attorney
Kansas' implied consent law plays a significant role in the enforcement of DUI laws and can have a substantial impact on your rights as a driver. If you're facing DUI charges or have been subjected to a chemical test under the implied consent law, it's crucial to consult with a knowledgeable attorney who can help you understand your legal options and guide you through the process.