If I Am Stopped By The Police For Drunk Driving, What Tests May They Force Me To Take?
Driving under the influence is a very serious charge. In Kansas, drivers pulled over with a blood-alcohol concentration (BAC) of 0.08 percent or higher may be arrested for DUI and taken to jail. When pulled over for suspicion of DUI, drivers are often asked to submit to field sobriety and chemical tests to determine if they consumed alcohol beyond the legal limit before getting behind the wheel.
In these situations, drivers often wonder what if any there legal rights are to refuse these procedures and spare themselves from self-incrimination. Drivers need to understand they may face serious penalties either way if they refuse or submit to field sobriety tests.
Kansas implied consent laws
While many drivers feel they have a Fifth Amendment right to refuse DUI field sobriety tests, the fact of the matter is that Kansas has implied consent laws. What this means is that when you receive a driver’s license, you automatically give the state advanced permission to test you for suspicion of DUI if pulled over.
If the police have probable cause, they may ask you to submit to multiple DUI tests. Kansas DUI tests may include:
- Field sobriety tests – Walk and turn test, standing on one leg, or horizontal gaze nystagmus test
- Chemical tests – Breath, urine, or blood analysis
Refusing to take DUI tests
Under Kansas law, DUI suspects who refuse to take field sobriety and/or chemical tests may be subject to further penalties. While authorities usually do not force suspects to submit to blood, breath, or urine tests, the threat of further punishment usually compels suspects into doing so.
Penalties for refusing DUI tests include:
| First Offense | Second Offense | Third Offense |
| One-year suspended license, two-years driving with ignition interlock device, $600 license reinstatement fee | One-year suspended license, three-years driving with ignition interlock device | One-year suspended license, four-years driving with ignition interlock device |
The Kansas Supreme Court recently ruled suspects cannot be criminally charged for refusing to submit to DUI. However, suspects nonetheless may still have their driver’s license revoked and forced to pay costly reinstatement fees.
Overland Park DUI attorneys
If you were charged with DUI, contact The Morrison Law Firm, LLC online for a consultation about your case or call (913) 780-6666. As a former District Attorney with 18-years of experience prosecuting criminals, Paul Morrison understands what it takes to defend the rights of the accused and ensure justice is served.
