Criminal defendants generally are not obligated to provide statements that would be incriminating. However, this protection against self-incrimination does not shield drivers arrested for DUI in Kansas City or elsewhere in Johnson County from an obligation to submit to a chemical test to determine their blood alcohol concentration (BAC). Under this provision of Kansas law, a driver is deemed to consent to a chemical test of breath, blood or urine if he or she is lawfully arrested for driving under the influence (DUI).
If a police officer asks you to perform a BAC test following a lawful arrest for DUI, the officer has the option of determining which type of BAC test to administer and may even require that you submit to multiple BAC tests. Even if a law enforcement officer asks you to submit to a breathalyzer test, you also may be asked to submit to a blood test if you blow a 0.0 BAC so that officer can screen for drugs like marijuana, cocaine, ecstasy, methamphetamine, prescription narcotics or other controlled substances.
When a Kansas driver refuses to take a chemical test, the driver is subject to a one year driver’s license suspension for a first time refusal with the length of the suspension increasing based on the number of refusals. A second refusal results in a two-year suspension while a third refuse result in a three-year suspension. If a motorist refuses a fourth time, the suspension increases to ten years while a subsequent refusal will result in a lifetime revocation of your driving privileges.
There are certain advisories that the officer must provide both verbally and in writing under Kansas law for the license suspension to be imposed which include the following:
Although the decision not to agree to a BAC test will mean that the prosecutor will not have chemical testing results to establish that you have a BAC of .08 percent or higher, this does not preclude a conviction of DUI based on other evidence. The prosecutor can still prove that your physical or mental capacity to operate the vehicle was impaired even if your BAC did not exceed .08 percent, which constitutes the legal limit for a “per se” DUI violation. In this situation, the prosecutor will rely on the following types of evidence: