Implied Consent Refusal
What Happens if Chemical Testing is Refused?
According to Kansas, being in possession of a driver's license means you have given permission in advance for law enforcement to perform various tests if they feel you are driving while intoxicated. When an individual is suspected of driving under the influence (DUI) of alcohol, implied consent laws in our state require that the driver submit to
breathalyzer, blood or urine chemical testing to determine their blood alcohol content (BAC). While it is a "requirement", it is your legal right to refuse such testing, but you will be subject to penalties that can include a mandatory
driver's license suspension.
If you or someone you care about was recently arrested for DUI, and you refused to submit to chemical testing, a highly competent Kansas
DUI lawyer can inform you of your legal rights and help to keep them protected. It is advised that you do not speak with anyone about your situation until you have secured and consulted your lawyer, as anything you say to police or prosecutors can and likely will be used against you.
Dedicated, Effective Kansas DUI Attorney
There are some important factors that can lead to a potential DMV license suspension being dismissed such as:
- If the arresting law enforcement official did not advise you of what consequences can occur as a result of refusing to submit to chemical testing - there is an implied consent notice that should be given to drivers.
- If the arresting law enforcement official did not ask you to submit to testing.
It is vital that anyone arrested for DUI, who refused to chemical testing or submitted and were found with a higher than legal
BAC, request an
administrative hearing within
14 days of their arrest. This will give you an opportunity to challenge the possible action that the DMV may take against your license and, if it is proven during the hearing that a test was not refused or that the implied consent notice was not given to them, you could avoid losing your driving privileges. An attorney at the firm can help prepare an effective defense against the suspension of your driver's license and represent you during your administrative hearing. The team at Martin & Wallentine is extremely well versed and extensively experienced in all aspects of DUI cases and has a proven ability to produce highly favorable results for clients, whether they are facing a DUI charge for the first time, have had multiple DUI charges or convictions in the past, or were involved in a DUI accident.
Contact a Kansas DUI lawyer
now for experienced and dedicated representation in your administrative hearing and throughout the course of your legal matter. We practice extensively and have represented hundreds of clients throughout Johnson County and cities including Olathe, Gardner, Lenexa, Overland Park, Shawnee, Leawood and Kansas City.