As you all start the NYE weekend early, remember that KS laws penalize drivers who blow over 0.15% much harsher than a sub .15 test; The difference? try 1 year suspension vs. 30 days. Refusal to blow will result in at least a 1 year suspension contingent on the driver's history. I would suggest contacting a lawyer early on who can request a separate hearing to challenge the suspension; If the evidence is insufficient, it is possible you could avoid a suspension and possibly a court conviction as well. Too many variables prevent me from giving specific advice regarding the breath test, but certainly law enforcement will throw the Implied Consent law in your face to force a test. Be smart, be safe, and start 2012 by taking a cab.
UPDATE: May 2016: the Kansas Criminal Refusal Statute, K.S.A. 8-1025 has been declared unconstitutional by the Kansas Supreme Court on several grounds, under State vs. Ryce and State v. Nece. A driver will NOT face a separate criminal charge for refusing the breath test as he or she has the right, under the 4th Amendment, to withdraw consent to testing. A breath or blood test is a "search" under 4th Amendment principles and therefore subject to scrutiny like any other search and seizure scenario. It must be voluntarily and not coerced. KSA 8-1025 clearly was coercive.
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