May 18th, 2012
Posted in Topeka, KS- Kansas legislators in the House and Senate have passed a new law that would make it criminal for a DUI suspect to refuse a breath, field sobriety, or blood alcohol test.
Some DUI attorneys suggest that people refuse to take a breathalyzer or a blood test. This will prevent a person from having a DUI offense on their record, but there are consequences. In some states, refusing to blow will cause a person to lose their driver’s license for a year, but your record won’t be tarnished with a drunk driving offense.
Kansas lawmakers a have passed law that would make drivers, who refuse an alcohol test, subject to the same penalties as a DUI conviction.
While the law passed by an overwhelming majority, one lawmaker believes the new law tramples on a person’s constitutional rights.
Rep. Sean Gatewood D-Topeka said on the House floor, “These are American citizens and they have the right to remain silent which this sort of bill tramples on, because if you stand their silent you are a criminal.”
Other lawmakers feel the law will free up courts that are tied up with refusals with offenders willing to take their chances with a jury. Without alcohol test results, it is very hard to convict a person of DUI, since prosecutors don’t have sufficient evidence.
Anyone who has been charged with a DUI and has submitted to field sobriety tests will need a strong DUI defense to reduce their charges. A Kansas DWI attorney will be able to effectively defend their clients and seek a reduction of their charges.
Contesting a drunk driving charge requires that the individual retain a DUI lawyer immediately. With their help the resulting penalties will likely be lessened.
Tags: Alcohol Test Results, American Citizens, Blood Alcohol Test, Breathalyzer Test, Constitutional Rights, Dui Attorneys, Dui Conviction, Dui Defense, Dui Lawyer, Dui Offense, Dwi Attorney, Field Sobriety Tests, Gatewood, Kansas Lawmakers, Kansas Legislator, Kansas Legislators, Ks Kansas, Lawmaker, Majority One, Test Subject
