Kansas DUI Penalties Now Apply to Breathalyzer Refusal
Recent changes in Kansas law include prosecuting people who refuse a blood alcohol test the same as those accused of DUI, and allowing alternative vehicles for those with suspended licenses.
September 16, 2012
The Kansas legislature has given prosecutors additional ammunition to use in prosecuting people suspected of driving under the influence. Under a new law, anyone who is suspected of DUI and refuses to submit to a blood alcohol test can be prosecuted and face the same penalties as a person convicted of DUI. Across the country, only sixteen other states have a similar provision.Prosecutors claimed the law was needed because some repeat DUI offenders would refuse to take a blood alcohol test, gambling that a jury might not convict them. One prosecutor said that over a year's time he had taken 33 accused DUI suspects to court who had refused a breathalyzer test, and only about half were convicted.
The Kansas legislature passed the new DUI law only after vigorous debate about constitutional rights. Some legislators argued that everyone has the right to remain silent and avoid self-incrimination, and being forced to take a blood alcohol test violates that right.
A defense attorney has pointed out that before the new law was enacted, Kansas already had penalties in place for refusing to take a blood alcohol test. According to the attorney, under the previous law refusing the test carried a penalty of a one-year suspended sentence and use of an ignition interlock device for one year.
The new breathalyzer law contains an additional provision that affects people who cannot operate a motor vehicle because of a suspended license. Many of the people who find themselves in this position received a license suspension because they could not afford the alternative, paying a fine. Many work in low-income jobs which they could lose if unable to drive to work. They will now be allowed to use a small scooter or moped.
Allowing this transportation option makes it less likely that people who have a DUI offense will drive with a suspended license and risk further penalties. The results will include lower costs for the court systems as needless prosecutions are avoided -- a win-win situation all around.
Given the changes in Kansas DUI law, it is now more important than ever to obtain representation from an experienced attorney when charged with DUI. Contacting an attorney immediately when stopped by police on suspicion of DUI can improve an accused person's chances of avoiding charges, being acquitted or receiving minimum penalties for DUI.
Article provided by Paul Cramm
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