Implied Consent Refusal Aggressively Defending Clients for Over 25 Years

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.

Client testimonials

Strongly Recommended. Strongly Trusted.
  • “I am so grateful for all Steve has done for me! He is such a hard worker and has gone above and beyond, he really devotes time and effort to give you the best outcome he possibly can! I am so thankful ...”

    - Ashley R.
  • “Steve took my DWI case and thoroughly explained my options. He was able to work through the process and get the charge dropped to a lesser charge and Suspended Imposition of Sentence (SIS), no ...”

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  • “Steve is the best attorney around! He got me out of a real tight pickle with a smile! He is there for his clients and works hard for the best possible outcome. Actually keeps in contact with you ...”

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  • “Steve was helpful right off the bat! This was my first and only DWI. Steve explained the process and was there for me through the whole situation. Even when I had questions a year later I could call ...”

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  • “Mr. Schanker is an articulate and effective litigator, well versed in the law. He has assisted my family and I several times by getting the getting the results we desired at an affordable rate! I have ...”

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  • “Even good guys mess up. I found Steve through reviews on multiple sites & he is top-ranked.He is currently helping me with some mistakes I made in the past. If your looking for a top-notch, classy, ...”

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  • “Mr. Schanker was referred to my son by a friend as "the best there is on DWI cases" and he proved that to be true beyond a shadow of a doubt. He worked for my son and negotiated a deal that was better ...”

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  • “Steve Schanker is a reliable, communicative, and reasonably priced attorney. He was also very understanding and nice throughout the entire process. Highly recommend.”

    - Teri S.

What sets us apart?

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