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Can I Refuse a Breath Test?

Kansas law requires that you take a breath, blood, or urine test in the event of a DUI arrest. According to the “implied consent” law, if you are lawfully arrested by a police officer who has probable cause to believe that you have been driving under the influence of alcohol or drugs, then you automatically consent to taking a chemical test of your breath, blood, or urine in order to determine your blood alcohol content (BAC) level.

Upon arrest, the law enforcement officer must tell you and give you written notice that you do not have a constitutional right to refuse a test. Additionally, you are not allowed to speak to a lawyer beforehand.

If you refuse, your driver’s license will be suspended. For a first-time refusal, your license will be suspended for one year. The suspension lasts for two years for your second refusal, and three years for your third. For a fourth refusal, your license is suspended for 10 years, while a fifth refusal results in the permanent loss of your license.

When it comes to refusing to submit a preliminary breath test (PBT), you will likely receive a fine of up to $200. Refusing a PBT does not result in license suspension.

Get Help with Your DUI Charge from Our Kansas City DUI Attorney

It typically doesn’t help you to refuse to take a breath, blood, or urine test when you are arrested for a DUI. A first-time DUI conviction can result in a maximum jail sentence of six months and fines of up to $1,000.

To avoid or reduce the consequences of a DUI, it is in your best interest to hire an attorney who is knowledgeable about Kansas laws and how the system works in your county’s court. At Rokusek Stein Law, LLC, our Kansas City criminal defense lawyers have more than 30 years of combined legal experience practicing in both Kansas and Missouri.

Contact us and request a free consultation today.


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attorney rokusek is a mock trial instructor for the johnson county police academy and serves on the federal criminal justice academy (cja) panel for the district of kansas and on the federal attorney appointment list. she is also a master attorney in the earl e. o'connor american inn of court.

at rokusek law, llc, our lawyers have a reputation for offering a high-standard of professional service. this is shown by the multiple honors that we’ve been awarded over the years.

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