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 should you be pulled over or enter a dui checkpoint in the future.
What To Do When Stopped for a DUI
Exercise your right to remain silent. You do not need to answer any questions, such as whether you have been drinking. Exercising your right to remain silent may cause you to feel awkward, but it is important. You simply need to hand your driver’s license, insurance, and registration to the officer.
You are not required to take field sobriety tests (walk-and-turn, one-leg stand, etc.). The tests are difficult to pass, even when sober. The tests are given for the purpose of building a case against you. You should politely decline to take the tests.
You are not required to take a “preliminary breath test.” While the officer may tell you that you could face extra charges for refusing this preliminary breath test, it is only a fine and a traffic infration. This DUI test consists of blowing into a small hand-held device. The test is given before a DUI arrest. You may politely decline to take the test. Note that the preliminary breath test is different than the “blood, breath or urine” test that may be demanded after an arrest. The laws for refusing a test after an arrest for DUI are currently in flux because of recent rulings from the Kansas Supreme Court and the United States Supreme Court please see Tip 5 and consult with a local DUI attorney for recent changes in the law.
You should ask the officer for permission to leave, and you should make this request frequently.
If you are arrested, the officer will read you an “implied consent advisory” and then ask you if you will consent to a “blood, breath or urine” test. The officer gets to pick the form of the test and it is usually a breath test. Recently the Kansas Statute K.S.A. 8-1020 which made it a crime to refuse was ruled unconstitutional by the Kansas Supreme Court. However, more recent United States Supreme Court cases could cause this statute to be rewritten and possibly make refusal of a breath test illegal again. Consult with your local DUI attorney for updates in the law.
If you take a breath test, ask for an independent blood test. The request triggers a requirement that police take you to get a blood test at a local hospital or other medical facility.
See a local DUI Defense attorney right away. You have only 14 days to file a hearing request to challenge the suspension of your driver’s license. This request has nothing to do with the court date that you will receive when you leave the jail. This is something that you have to request yourself or through your attorney. If you do not have the request within 14 days you will have your license suspended.
Note: These are generalities, not legal advice. For additional information, one of our DUI attorneys today for an initial consultation in Wichita, Topeka and/or Lawrence Kansas. Also see our Estimating Your Blood Alcohol Level Chart as a quick reference guide.