Refusal of Preliminary Breath Test (PBT)

Posted by Matt McLane | Oct 31, 2013 | 0 Comments

In Kansas, evidence of a driver's refusal to take the PBT (hand-held device offered in the field) cannot be used to prove that the driver is Guilty of DUI; the refusal equates to a traffic infraction and a fine only. K.S.A. 8-1012;  the statute makes clear, however, that such refusal constitutes only a traffic infraction; the defense attorney should advise his client to pay the PBT refusal ticket prior to trial so that it no longer is an issue and should not be mentioned at all during trial.

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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