What happens if you refuse a breathalyzer kansas

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.

We work hard to help you protect your driving privileges and your freedom. 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:.

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Charged with a DUI? An Initial Consultation. In fact, these legal issues remain highly contested; however, it is currently the law.

The PBT is the little handheld device the officers carry with them in their patrol cars. In comparison, the Intoxilyzer is a larger computer device which is typically located at the police station.

However, I have cases where the Intoxilyzer was on site, in a van; this is typical at sobriety check points. When law enforcement request a test on the Intoxilyzer , UA, or blood test, they are required to provide the driver with the notices. This notice must be provided both orally and in writing. It' called the DC implied consent notices. Sometimes the police fail to properly provide these notices, and led to the suppression of evidence for my clients.

This can have significant effects for a driving under the influence or alcohol or drugs charge. Kansas Statute states that notices are to be provided before the PBT is administered. However, the statute has no teeth as there is no remedy for the Defendant if the notices are not provided.

Should I refuse to take a breath test on the Intoxilyzer ?