Implied Consent

Intro: When a police officer arrests you for a DUI, you’re frightened and confused. You’re not thinking clearly and may not make the best decisions. If you refused a chemical test in violation of Kansas’s implied consent law, you’ll want to understand the consequences of your actions and your legal options. These questions and answers will help:

What Does The Implied Consent Law Mean For Drivers In Johnson County, Kansas?

By operating a motor vehicle anywhere in Kansas, you have already, by implication, given consent to chemical testing of your breath, blood or urine in the event of lawful arrest.

If, upon lawful arrest, you refuse a chemical test, that refusal can be used against you in administrative hearings or court as evidence of guilt. You will also be subject to administrative penalties, including automatic license suspension for one year, regardless of whether you are later convicted in criminal court.

Other penalties may include fines, points on your driving record and restrictions on your driving privileges.

What Are The Penalties For Refusing A Breath Or Blood Test In Johnson County DUI Cases?

Suppose you refuse a breath or blood test. In that case, you can be subject to automatic driver’s license suspension for a year or more and installation of an ignition interlock device (a breathalyzer) on your vehicle at your expense. Installation of the ignition interlock device would be required for you to apply for a restricted license, that allows you to drive for specified purposes during the suspension.

The length of the license suspension and other penalties and fines can increase, depending on prior convictions or current convictions in your DUI case.

Can Your License Be Suspended In Johnson County Even If You’re Not Convicted Of DUI?

Yes, in Kansas, if you refuse a chemical test upon lawful arrest or if your blood alcohol content was .08% or higher, your license will be automatically suspended, even if you are not convicted in your DUI criminal case.

That suspension is handed down by the Kansas Department of Revenue, Division of Vehicles (KDOR), in an administrative hearing separate from your criminal trial. If you choose to challenge your suspension, you have 14 days from the date of your arrest to do so in your KDOR hearing, or you can challenge it as part of your criminal defense.

How Can A DUI Attorney Challenge An Implied Consent Violation In Johnson County?

A DUI attorney can challenge your implied consent violation on various grounds after they carefully review the facts, evidence and circumstances of your arrest. Common challenges include questioning whether:

• The initial traffic stop was lawful, i.e., whether the police had reasonable suspicion to detain you
• The arresting officer had probable cause to request a chemical test
• If you were properly advised of your rights under Kansas’s implied consent law, along with the consequences of refusing the chemical test

Suppose your attorney is successful in proving that any part of the traffic stop or arrest violated Kansas law. In that case, they may successfully suppress the prosecution’s evidence against you, prevail in contesting your administrative license suspension or get your criminal charges reduced or dismissed.

Call To Action (CTA):

If you’ve refused a chemical test in violation of the Kansas implied consent law, you need to understand your rights, your legal defense options and whether you can protect your driving privileges. Paul D. Cramm has helped numerous clients like you secure favorable outcomes in DUI cases..

If you want to learn more about your legal options when you’ve violated the implied consent law, call us at (913) 322-3265 or schedule an initial consultation via our client contact page.