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Chemical Testing for DUI in Kansas

Under Kansas law, if a person is operating or attempting to operate a motor vehicle they are deemed to having consented to a preliminary screening which could include testing of the breath, blood, urine, saliva or other bodily substance.  If a person refuses chemical testing, it is considered a traffic infraction and license suspensions and restrictions will follow.  However, in order for a law enforcement officer to request a preliminary test, the officer must have had probable cause or a reasonable belief that the driver was under the influence in order to stop the driver.  In the event of a car accident, this probable cause will be presumed unless the officer has reason to believe that alcohol or drug influence was not a factor in the accident or collision.

Before administering any tests, Kansas law requires that the officer give the person oral and written notice that the law requires the person to submit to the test, that the opportunity to consent or refuse is not a Constitutional right, that they do not have the Constitutional right to consult with an attorney about whether or not they submit to the test, and the consequences that will flow from test refusal, test failure, and evidence admissible at trial.  Keep in mind, this notice will not prevent a DUI charge from being successful if the person could not understand it.

If the person refuses a test, their license will be suspended and/or restricted depending on how many occurrences they have refused and an administrative hearing will take place.


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