Kansas State DUI Law
Under state law, it is unlawful to operate a motor vehicle with a BAC (blood alcohol content) of .08% or more. When a driver is stopped under the suspicion of DUI, she may be expected to submit to a blood or urine test in order for the law enforcement officer to determine the driver's BAC.
Kansas follows an implied consent law. This means that a person is deemed to have given consent to a breath, blood or urine test when she operates a motor vehicle in the state. The officer must have reasonable suspicion that the driver has been operating or is attempting to operate a vehicle while under the influence of drugs and/or alcohol before asking the driver to submit to one of these tests. Failure to submit to the test will lead to harsher driver's license penalties, including a longer Ignition Interlock period.
DUI Blood & Urine Test Procedure in Kansas
There are certain legal guidelines that an officer must follow when requesting a blood or urine test from a driver. First, only certain individuals may perform a blood withdrawal. It must be done at the direction of an officer and only by: (1) A person licensed to practice medicine and surgery, licensed as a physician's assistant, or a person acting under the direction of any such licensed person; (2) a registered nurse or a licensed practical nurse; (3) any qualified medical technician; or (4) a phlebotomist.
Next, the technician or medical professional must take the sample as soon as practical and must deliver the sample to law enforcement. The technician or medical professional, along with the hospital or clinic, must act in good faith when taking the sample.
When a urine sample is requested, the collection of the sample must be supervised by an individual of the same sex as the person being tested (usually an officer). Further, it should be done out of the view of others. However, this right to privacy may be waived by the driver.
Missouri State DWI Law
It is unlawful to operate a motor vehicle in Missouri with a BAC of .08% or more. The state also follows an implied consent law. Under the law, it is implied that any person who operates a motor vehicle in the state has consented to a breath, blood, or urine test in order for law enforcement to test a driver's BAC. Refusing to submit to one of these tests will lead to penalties.
DWI Blood & Urine Test Procedure in Missouri
When blood or urine samples are being collected, the procedures follow guidelines set by the State Department of Health and Senior Services. Here, the sample must be collected by licensed medical personnel or by a person who possesses a valid permit issued by the Department for this purpose.
The Department must also approve of techniques, equipment, or methods used for blood and urine collection purposes.
Do You Need an Attorney?
If you have been arrested for DUI/DWI in either Kansas or Missouri, it is important to work with a local attorney who is experienced in this area of law. Call the McLane Law Firm today in order to schedule a consultation.