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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.

How Can We Help?

  • Recently Arrested?
    Act now to protect your license! You have 14-15 days to request a hearing.
  • Know Your Next Steps
    Wondering what happens after your DUI arrest? We have answers.
  • Ready To Talk?
    Contact us today! We will evaluate your case for free right now.

Client testimonials

Strongly Recommended. Strongly Trusted.
  • "Amazing guy to work with."

    Steve was the 3rd attorney that I had discussed my options with for my DUI and the second I met with him I knew that he was going to be the one. He thoroughly listened to me and answered every question or request I had. 9 months later I needed Steve’s services again to get my probation ended early so that I could get a dream job. Steve went above and beyond and got it done for me. 10/10 would recommend him to anyone needing a DUI attorney. Amazing guy to work with.

    - Zach H.
  • "He exceeded my expectations"
    I didn't think I could afford a great dwi lawyer. But I was happily surprised. Mr. Schanker charged a fair price, and more importantly he gave me a very good defense. He exceeded my expectations. Thank you.
    - King
  • "The best there is on DWI cases."

    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 than we could have ever hoped for. Mr. Schanker knows his business, he is professional, believes in his client, and works for his client. I would HIGHLY recommend Mr. Schanker to anyone needing representation on a DWI charge.

    - Angela W.
  • "Steve is the best attorney around!"

    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 anytime you need. is very understandable and holds no judgment. I'd give him 6 stars if I could!!

    - Alex C.