Manhattan DUI lawyers explain Kansas implied consent law
The Kansas implied consent law states that anyone who drives or attempts to drive in Kansas is deemed to have consented to one or more chemical tests to determine whether the person has alcohol or drugs in his or her system. Before asking you to submit to a chemical test, a law enforcement officer must have reasonable grounds to believe you were driving or attempting to drive while under the influence and must have arrested you for the offense.
The law enforcement agency chooses the type of test you are asked to take: breath, blood, or urine. Breath tests are the most common because they are the easiest to administer but you may be asked to submit to a blood test if drugs are suspected. Urine tests are the least common.
Consequences of test refusal or failure; officer’s duty to advise
Before you take the test, the officer must advise you that you do not have a constitutional right to refuse the test or to speak to an attorney before you take the test. The officer is also required to advise you of the consequences of refusing to take the test or of failing the test. Specifically, the officer must tell you:
- If you refuse to take the test your driving privileges will be suspended for one year.
- If you take the test and your results are .08 or greater, your driving privileges will be suspended for 30 days for a first occurrence, and one year for a second or subsequent occurrence.
- If your test results are .15 or greater, your driving privileges will be suspended for one year for the first or subsequent occurrence.
An occurrence includes a prior refusal, test failure, or alcohol or drug related conviction.
In addition to the driver’s license suspension, you will be restricted to operating a vehicle with an ignition interlock device for a period after the suspension that ranges from 180 days to 10 years depending on how many prior occurrences you have. See What happens if I fail a breath or blood test or refuse to take one?
Administrative suspension is separate from criminal case
When you are charged with a Kansas DUI, you face two separate actions: the criminal court case and the administrative action by the Division of Vehicles of the Department of Revenue against your driving privileges. The criminal case could end in a dismissal, acquittal, plea, or conviction. And the possible punishments include jail, fines, and license suspension. The administrative case could end with a dismissal or a license suspension. You could win both, lose both, or win one and lose the other.
Right to appeal administrative suspension
If you fail or refuse the test, you are entitled to a hearing before your license is suspended. You must request the hearing within 14 days after you are given a notice that your license is being suspended. It is very important for you to get legal help soon after your arrest so that your Kansas DUI attorney can make sure your hearing request is made on time. If you do not request a hearing within the 14 day deadline, your license will be suspended in accordance with the notice of suspension you received from the police. If you make a timely request for a hearing, you will receive a temporary license allowing you to drive until the 30th day after the effective date of the hearing decision. See What you need to know about driver’s license suspension hearings.
Get experienced representation for your Kansas DUI case
We take pride in how we care for our clients. We do our very best to keep our clients informed, and to thoroughly explain the process along the way. Each client has the phone number and email address of his or her lawyer and is instructed to contact us with any question, no matter how small. As Manhattan DUI attorneys, we can help you appeal your license suspension and get your driving privileges restored as soon as possible. If you live in northeast Kansas, have been charged with DUI, and would like talk to us about your case, give us a brief description of your case using the form on this page. We will respond promptly.
Or call our toll free number listed above.
Addair Thurston Chtd.
Manhattan, Kansas DUI lawyers
900 Poyntz Ave.
Manhattan, Kansas 66502
725 N. Washington Street
Junction City, Kansas 66441