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Should You Submit to the Request for a Breath Test?

If you are pulled over in Kansas for DUI, it is likely the police will request a breath test to determine the BAC – blood alcohol content. It is essential to understand your rights to know what to do and how to avoid more serious issues or penalties.

What Are Your Rights?

According to Kansas law, if you operate a vehicle within state lines, you have already consented to DUI chemical testing. If a police officer pulls you over, they have reasonable grounds to believe you are under the influence. They also have the right to request that you undergo and submit to one or several DUI chemical tests. This includes urine tests, blood tests, or breath tests.

It is important to note though, you have the right to say “no.” The only way you can be forced to submit to this test is if the police have a warrant.

Even though you have the right to refuse this testing, there is a caveat. For example, while the state can’t charge a crime if you refuse a test, it can impose other penalties. These include license fees, evidentiary consequences, revocation, restriction, and license suspension.

What if You Haven’t Been Arrested?

The implied consent laws will only apply to a chemical test that is administered after someone is arrested – not before this time. During a traffic stop, police officers may request that a motorist submit to a preliminary breath test (PBT) on the side of the road, along with other field sobriety tests.

Unfortunately, these roadside tests are known for being inaccurate and are usually only used to help officers gain probable cause to secure their ability to arrest you. Even though the officer who pulls you over may imply something else, usually, similar field sobriety tests, including a roadside preliminary breath test is not mandatory.

It is also important to remember that the breath test is not the only tool that officers have to determine if you are intoxicated.

They will look for other signs of intoxication, as well, including problems responding to questioning from the officer, issues balancing, flushed appearance, bloodshot eyes, or slurred speech. Therefore, even if you refuse the breath test, you may still be charged with a DUI.

What Now?

If you have decided to refuse a breath test when pulled over for the suspicion of a DUI, and the officer arrests you based on other evidence, you should hire an attorney. Even if you took the breath test and were arrested for DUI, seeking an attorney’s help is best. They can review your case and all the related information to help you gather evidence and create a strong case and defense for your situation. Contact Kitchin Law Firm today.


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