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Blog Posts in DUI

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  • Calibration of Intoxilyzer
    Calibration of Intoxilyzer

    During a DUI investigation, one of the most critical pieces of evidence used against a drunk driving suspect is the breath test result. Kansas utilizes an Intoxilyzer 9000 machine to measure a ...

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  • Alcohol Breath Tests and COPD
    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 ...

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

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  • Good Faith Exception and Criminalization of Refusal
    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 ...

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  • BAC Test Results Coerced - Status of Current DUI Law
    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 ...

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  • Supreme Court Sanctions Violations to the Constitution
    Supreme Court Sanctions Violations to the Constitution

    Do police officers have too much power? One would hope not. In cases like Hudson v. Michigan (2006), we see that officers can, at times, be given too much authority. The power granted to officers is ...

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