Kansas Implied Consent Law
Under Kansas law, it is deemed that anyone who drives has automatically
consented to testing of the blood, urine, and/or breath. However, the
law enforcement officer is required to provide the suspect both oral and
written instructions regarding the test.
Generally, when a police officer or Trooper hands you the DC-70 form with
the notices on it, he is complying with the requirement to provide you
written notice. Generally, when the officer reads the form to you, he
is complying with the requirement to provide you oral notice. However,
this is debateable when the implied consent form doesn't comply with
what the Kansas statute actually says. This can posibly be an issue right
now because the AG has altered the form. They have altered it due to the
fact that the Kansas Supreme Court ruled eariler in 2016 that it was Unconstituional
to criminalize a refusal. This might be something your DUI attorney looks into.
After notices are provided, you are then required to take the test under
the implied consent law. While he could ask you to take a blood test,
the Supreme Court has clarified that would require a warrant due to the
invasive search that it is.
When the officer is reading the implied consent notices, he is in effect
given you information regarding the test, as required by legislature.
Of course, most people have no idea what it means while the officer is
reading the notices. In fact, as a DUI defense lawyer, I have won some
cases because the officer tried to incorrectly explain to the Defendant
what the instructions mean.
Some of the notices include information that you aren't allowed to
consult with a criminal defense attorney whether to take the test, you
don't have a Constitutional right to refuse the test, you license
will be suspended for a year if you refuse, you will be required to have
an ignition interlock on your vehicle if you refuse, and that you have
a right to independent testing after the police do their testing on you.