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…

The Kansas statute prohibiting driving under the influence (“DUI”), K.S.A. 8-1567, categorizes the severity level of the crime based on how many prior DUI convictions the offender has. For example, DUI is a class B misdemeanor for someone who has no prior DUI convictions. But DUI is a felony for someone with three or more…

In 2006, Kansas enacted legislation requiring the use of ignition interlock devices by some DUI offenders. The device is a breathalyzer installed in the ignition part of a motor vehicle. The driver must provide a breath sample for the device before the vehicle will start. Any detection of alcohol will prevent the vehicle from starting….

Refusing or Taking a Breath Test If you are arrested for DUI, you will be read an “implied consent advisory” and asked whether you will consent to take a blood alcohol test, usually in the form of a breath test. You should consider the following when deciding whether to refuse or take the test. Recently…

There are several things you should and should not do when stopped for DUI in Kansas. Below we have laid out some of the most important tips to remember during your traffic stop. We have also put together a nice little DUI info-graphic that you can print out and put in your vehicle to review…

The National Transportation Safety Administration is recommending the reduction of the presumptive alcohol breath sample from .08 to .05. The reduction to .05 will create a new wave of DUI arrests because even the average social drinker will be presumed to be driving under the influence if he/she has as little as one alcoholic drink…

The United States Supreme Court has agreed to decide three cases that question whether police officers can get blood or breath tests from DUI suspects without a search warrant and whether a person can be charged with a crime for refusing these tests. Two of these cases come from North Dakota and the other comes…

Law enforcement officers all over Kansas are using traffic check lanes more often than ever before.  At these checkpoints, officers may verify that vehicle occupants are wearing seat belts, ask whether drugs or guns are located in the vehicle, or, most often, investigate drivers for driving under the influence aka DUI. At checkpoints, all traffic…

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