Chemical Testing

Recent Posts in Chemical Testing

  • 12-Oct-2017

    Alcohol Breath Tests and COPD

    During a Kansas DUI investigation, the arresting police officer is going to request that you take a breath test. If during the test you “refuse” to take the test, your refusal will be used as evidence against you at trial. Additionally, ...
  • 25-Jul-2017

    Kansas Supreme Court Rules Regarding Criminalization of Test Refusal in DUI Cases

    Kansas Supreme Court Rules Regarding Criminalization of Test Refusal in DUI Cases The Kansas Supreme Court recently made a monumental decision in the Ryce case, regarding whether or not a driver can withdraw their consent to take a breath test. ...
  • 22-Nov-2016

    Good Faith Exception and Criminalization of Refusal

    The status of the criminalization of refusing to take a breath test remains in flux. On one hand, the Kansas Supreme Court clarified that it is contrary to the Kansas Constitution to criminalize the refusal. But, then the United States Supreme Court ...
  • 13-Jun-2016

    BAC Test Results Coerced - Status of Current DUI Law

    In 2012, Kansas made it a crime to refuse to take the chemical test (blood, breath, or urine) at the station. As a DUI defense lawyer and constitutionalist, I have been telling my clients ever since 2012 that the law was unconstitutional. Finally, in ...
  • 21-Aug-2014

    Substance Abuse Treatment Facility Closed By Kansas

    One of the things I often assist my clients in is finding substance abuse treatment. Typically, it seems that the judicial system is more concerned with punitive treatment and harsh punishment, rather than constructive treatment when it comes to ...
  • 25-Mar-2014

    PBT Suppressed If No Reasonable Suspicion

    Several years ago I was in court for a DUI client, arguing that the PBT results should be suppressed due to faulty notices. However, the judge ruled against me on that issue because the Kansas statute for PBT specifically stated that failing to ...
  • 19-Feb-2014

    Chemist Stealing Evidence

    As a Kansas DUI defense attorney I sometimes subpoena the reports for chemical tests, which were performed by the Kansas Bureau of Investigations. The information I receive back it sometimes very informative. However, I never received a packet back ...
  • 18-Feb-2014

    Kansas Appeals Court Declares Statute 8-1001(b)(2) Unconstitutional

    As a Kansas DUI defense lawyer, I am always researching the latest court decisions. The Kansas Court of Appeals just recently came out with a whopper of a decision which will have huge ramifications for defending drunk driving cases. The case is ...
  • 24-Dec-2013

    Kansas Court Rules Evidence Was Seized Illegally

    As a Kansas criminal defense attorney, I have watched hundreds of my clients undergo investigation by police. Typically, the get pulled over for something like speeding, and then the officers attempt to gain consent to search the entire vehicle. ...
  • 7-Nov-2013

    Guilty of DUI even if not impaired!

    A prosecuting attorney recently argued that smoking marijuana a week prior to driving is sufficient grounds for a DUI. What?!? That's right. According to this lawyer, you should receive a conviction for drunk driving even though you are no longer ...
  • 10-Jun-2013

    Sober Man Arrested For DUI

    Today, MSN reports that a 64 year old man who was stone cold sober, was arrested and accused of DUI. The arrested man said he was really arrested for drunk driving because he was black. The man arrested for drunk driving was Jesse Thornton. He was ...
  • 7-Jun-2013

    The Arrest Must Be From An Alcohol Related Offense To Require Testing

    Refusing to submit to a blood, breath, or other chemical test which tests for BAC levels is now a crime in Kansas. This obviously raises defense complications for us DUI defense lawyers. However, the Kansas Supreme Court has clarified, that the ...
  • 18-Apr-2013

    Supreme Court Rules in Drunk Driving Case Regarding Warrantless Blood Draws

    As a Kansas criminal defense attorney, I regularly deal with warrantless BAC chemical tests in DUI cases. The Supreme Court of the United States released a drunk driving opinion yesterday morning about this, in Missouri v. McNeely. They held that ...
  • 15-Mar-2013

    Ireland Council In Favor of Drunk Driving Permits

    One county in Ireland passed a measure to make it legal for rural drivers to drive their vehicles after drinking two or three alcoholic drinks. The law had been especially strict, limiting the alcohol consumption allowed for driver to be nominal or ...
  • 15-Feb-2013

    Drunk Driver Sentenced To Church

    Every Sunday, I wake my son up to bring him to church. Every Sunday, he tells me that he hates it that I make him go to church. He acts like it's a sentence of punishment. Interestingly enough, that's what one judge sentenced a drunk driving ...
  • 21-Aug-2012

    Checklanes Again Held Legal

    In Davis v. Ks. Dept. of Revenue 252 Kan. 224, 843 P.2d 260 (1992), the Supreme Court reaffirmed that checkpoints are constitutional. They reversed the trial court's decision to vacate the suspension of the person's driver's license. The ...
  • 20-Aug-2012

    Court Decides Due Process Not Violated Because it was at the Administrative Hearing

    After an alleged breath test refusal or failure, a person has 14 days to request the administrative hearing regarding their license. Otherwise, they automatically lose their license. Unfortunately, your line of questioning and witnesses at the ...
  • 31-Jul-2012

    Preservation of Breath Sample Not Required

    Preservation of the Breath Sample There is much argument about the reliability of the Intoxilyzer as well as other Breathalyzers. These machines attempt to gauge the BAC in a persons' blood. The problem is, they are measuring air, not blood. So, ...
  • 30-Jul-2012

    State Given Benefit of Procedural Due Process Even Though the Back Dated Certificates

    State Given Benefit of Procedural Due Process Even Though the Back Dated Certificates In State v. Ernesti 291 Kan. 54, 65, 239 P.3d 40 (2010), the Supreme Court decided to overturn the district court, who had previously suppressed the breath test ...
  • 18-May-2012

    House Criminalizes Breath Refusals

    Despite legitimate concerns about trampling on the People's Constitutional rights, the House, in Topeka, approved a bill which criminalizes refusing to take a breath test during a DUI investigation. The House passed the bill 103-13. It is not yet ...
  • 8-May-2012

    Is the Kansas Blood Alcohol Program Incorrectly Certifying Breathalyzers?

    According to Kansas Administrative Regulations (K.A.R.) 28-32-0 (b)(5) "For quality control, each device custodian or device custodian's designee shall test each EBAT device once each calendar week using the alcohol standards furnished by ...