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.