Implied Consent in Kansas City DUI Stops
Breath Test Refusals and License Suspensions
A refusal of a test is a double-edged sword. On the one hand, the prosecutor
does not have the benefit of a test result to help prove intoxication.
But on the other hand, the judge or jury can assume that your refusal
to take the test as a result of your being drunk and knowing it. Sometimes,
what may be considered a refusal by the police can be defended as a misunderstanding
by the driver, or as an agreement to take the test but only after speaking
to a lawyer, or that the driver was physically unable to perform the test.
There are many widely-recognized defenses to a breath test refusal. It
is important to contact an attorney experienced in
DUI practice and procedures to have the winning edge. Call now for a
What Tests Are Required?
field sobriety tests at the scene are not compulsory,
breath and blood tests or urine tests at the police station are. The law considers that driving
is a privilege, rather than a right. When you receive your license you
automatically waive your right to refuse such testing when requested or
demanded by a police officer or state trooper.
As the government has a genuine interest in keeping the roads free of drunk
drivers, law enforcement officials at all levels are constantly on the
lookout for any signs of DUI or DWI, such as reckless driving, swerving
or any other behavior indicative of intoxication and impairment. When
any of these signs appear, the officer will usually exercise his or her
prerogative to test for alcohol.
Under implied consent laws, you will have your license suspended for refusing
to take a breath, blood, or urine test. Both
Kansas DUI Penalties and
Missouri DWI penalties with respect to driving privileges are serious matters. A
Kansas City DUI attorney can advise you of your rights regarding implied consent if you have lost
your license after refusal in a DUI stop.
Work with an Experienced Kansas City DUI Lawyer
There are defenses possible in any DUI case, no matter what evidence the
prosecution has against you.
Attorney Steve Schanker works to protect the reputation and future of his clients through aggressive
litigation aimed at having the charges dropped or reduced. Losing your
driver's license can cause considerable strain on every aspect of
your life, so it is important to act fast to have it reinstated or prevent
the suspension in the first place.
Attorney Schanker knows the laws in both Kansas and Missouri and can provide
you with the aggressive, quality defense you will need if you hope to
Contact a Kansas City DWI attorney if you have lost your license for refusal to take a drunk driving test.
If you have already been convicted of a first-time test refusal, there
is still hope. Since July 2015, the expungement waiting period for a first-time
chemical test refusal has been reduced from 10 years to 5 years.