In Kansas, Refusing a Sobriety Test Is No Longer a Crime

Published: 5 July 2019

                    man refusing breathalyzer test from police

Effective July 1, under a change in state law, Kansas drivers can no longer be charged with a crime for refusing a sobriety test. The Wichita Eagle published an article on July 2, 2019, about this change, and DUI Defense Attorney, B. Keith Edwards responded to the editor with the following:

On the front page of the July 2, 2019, print edition of the Eagle was an article entitled, “You can refuse a sobriety test now.” That headline is dangerously misleading to someone without time to dig into the article. A more accurate title would be, “Refusing a sobriety test is no longer a crime.”

Most people are unaware that the driver’s physical license is confiscated as part of almost every arrest for driving under the influence. That starts a process to suspend driving privileges, and a driver only has 14 days to try and save his license by filing an appeal with the Department of Revenue.

It is entirely possible to “beat” criminal DUI charges but still suffer the civil penalties associated with sobriety tests. The recent change in the law did not reduce those penalties.

Do not drink and drive. If you are stopped for driving under the influence, contact a knowledgeable DUI defense lawyer as quickly as possible. Stay safe.

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