New Kansas DUI Law in Effect July 1, 2012
Kansas drivers should know about the changes to the state's DUI laws regarding chemical test refusal for those with prior DUI convictions and the potential penalties they face for violating it.
August 01, 2012
Authorities across the U.S. are cracking down on drinking and driving. Kansas is no exception to the trend. State lawmakers passed a new law targeting those with multiple driving under the influence convictions who refuse to take chemical tests. Kansas drivers should know about the changes to the law and the potential penalties they face for violating it.Changes to DUI Law
Kansas will now be one of a few states where it is a criminal offense for a driver who has a prior DUI conviction to refuse a chemical test when pulled over on suspicion of drunk driving. A common chemical test is the Breathalyzer test, in which a driver blows into a handheld device to determine his or her blood alcohol concentration.
Those without prior DUI convictions are exempt from the new law. However, those who refuse chemical tests when arrested for a first DUI charge still face driver's license suspension under the state's implied consent law.
Critics of the law believe that it will cost the state an exorbitant amount of money in increased court and incarcerations costs. Many believe that the law will also lead to countless constitutional rights violations -- which will lead to even more court costs as people challenge them.
Penalties for Violations
Those who refuse to take a chemical test will face the same penalties as if they had been convicted of a DUI offense. For those who already have one DUI conviction, refusing a chemical test under the new law could mean:
-90 days to one year in prison
-A $1,000 to $1,500 fine, in addition to court, probation and evaluation costs
-Completion of an alcohol treatment program
-A one-year driver's license suspension
Talk to a Lawyer
DUI charges are serious matters. The penalties people face if convicted can disrupt a person's entire life. If you are facing drinking and driving charges, consult an adept criminal defense attorney who can help defend your rights.
Article provided by Law Office of Christopher M. Brennan
Visit us at http://www.chrisbrennanlaw.com/