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Refusing to Take Breathalyzer Tests

Kansas Breathalyzer Laws

In the State of Kansas, when you are granted a driver’s license you have “implied consent” to all forms of sobriety testing. Refusing testing is a crime that may carry up to 6 months in jail, 1 year license suspension, & up to $1k in fines.

However, many drivers who have gotten pulled over for suspicion of driving under the influence (DUI) or driving while intoxicated (DWI) have refused a breathalyzer test. By doing so, they have put themselves at risk for automatic license suspension and other penalties.

If you have been pulled over by law enforcement and have refused a breathalyzer test, call Rokusek Stein Law, LLC​ at 913.583.0465 for a free consultation. We work hard to help you protect your driving privileges and your freedom.

If You Refused the Breathalyzer...

If you were pulled over on suspicion of DUI or DWI and you refused the breathalyzer test, other evidence may be used against you.

This may include additional evidence gathered by law enforcement, which may include:

  • Behavior when pulled over (law enforcement looks for slurred speech, problems with balance and other signs of impairment)
  • Erratic driving behavior, such as weaving between lanes and moving violations
  • Smell of alcohol, bloodshot eyes, and other signs of intoxication
  • Performance on field sobriety tests, such as the horizontal gaze Nystagmus test

If you refused the breathalyzer and the other evidence didn't show that you were intoxicated, it is likely that you can avoid drunk driving consequences with the help of an experienced DUI defense attorney.

However, if additional evidence was gathered during the pull-over and it shows questionable behavior, the need for aggressive defense is much higher. The driver can actually be charged with refusing to take a breathalyzer, and a host of penalties may result, including mandatory suspension of his or her driver's license.

Should I Take the Breathalyzer?

There is no one single correct answer to this question. Whether or not an individual should take a Breathalyzer test depends upon a variety of considerations.

With the help of an experienced attorney, it is possible to win a drunk driving case. Many things must be proven in order to convict an individual of DUI. Our Kansas City criminal defense lawyers are familiar with the various tactics used by prosecutors, and aggressively defend our clients to counter their strategies. We have over 30 years of experience defending individuals charged with DUI or an implied consent violation.

Contact Rokusek Stein Law, LLC today!

We serve clients in the cities Lenexa, Kansas City, Shawnee, Mission, Overland Park, Lenexa, Ottawa, Paola, Lawrence, Topeka, and Wichita, Kansas, as well as Johnson, Wyandotte, Leavenworth, Douglas, Franklin, and Shawnee Counties.

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