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Implied Consent Law in Kansas

Under Kansas law, any person who operates or attempts to operate a vehicle within the state is deemed to have given consent to submit to the one or more tests of the person’s blood, breath, urine, or saliva or other bodily substance to determine the presence of alcohol or drugs.  This implied consent includes all qualitative, such as standard sobriety tests, and quantitative tests, such as a breath test, for alcohol and drugs.  A person who is unconscious or dead is not deemed to have withdrawn consent for testing.

However, in order to request a person to submit to the tests law enforcement officers must have reasonable grounds to believe that the person is operating or attempting to operate a vehicle while under the influence of alcohol and/or drugs, driving a commercial vehicle while having alcohol or drugs in one’s system or under the age of 21 while having alcohol or drugs in one’s system.   Additionally, the person must have either been arrested for a drug or alcohol related crime, or been involved in an accident or collision resulting in property damage, personal injury, or death. The officer will satisfy probable cause if there was an accident or collision but tests will not be required if the officer has reasonable grounds to believe that the operator did not contribute to the accident or collision.

Before any tests are administered, the person must be given oral and written notice that Kansas law requires the person to submit to and complete one for more tests to determine whether the person is under the influence  of alcohol or drugs, that the opportunity to consent or refuse is not a constitutional right, that there is not a constitutional right to consult with an attorney regarding whether to submit to testing, the consequences of test refusal, the consequences of test failure, the consequences for minors, the consequences for failure above .15, that refusal to test or results of the test may be used at trial, and also that upon completion of the test the person may consult with an attorney and seek immediate additional testing.  It is not a defense that the person may not understand the oral and written notice required by the section.  Further, test results will not be suppressed even if the notice required is not met.

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