Criminal Refusals

On July 1, 2012, the State of Kansas enacted a new law criminalizing the refusal or failure to complete a test of breath, blood or urine for a suspected drunk driver. The the new criminal law applies only to a suspect that has a prior refusal, conviction for DUI or a DUI diversion after 2001 and who was 18 years or older at the time. Criminal Refusal as a first offense is a Class A misdomeanor requiring a minimum of five days in jail and a $1,250.00 fine. The penalties become more harsh for repeat offenders and can result in a felony charge carrying with it a ninety-day minimum sentence and a $2,500.00 fine. The State of Kansas is clearly cracking down on repeat DUI offenders that choose to refuse a test.