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 free consultation.
What Tests Are Required?
While 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 avoid conviction.
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.
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