Breath Test in Kansas

Posted by Matt McLane | May 17, 2013 | 0 Comments

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.  

About the Author

Matt McLane

Matt McLane was born in Topeka, Kansas, and moved to Pittsburg, Kansas in 1980 where he attended middle school, high school and college. Upon graduation from PSU in 1992, Matt moved back to Topeka where he attended Washburn University law school. Upon graduation, he moved to Overland Park and worked in a small firm handling DUI and traffic cases. He opened the McLane Law Firm in April 2011 and has built his firm on a strong referral base and solid reputation.


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McLane Law Firm

Matt McLane has been defending individuals charged with DUI, traffic and criminal offenses since his graduation from Washburn University Law School in 1996. Licensed in the states of Kansas and Missouri. Mr. McLane specializes in DUI and criminal defense throughout the Kansas City metropolitan area.

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