Under the DUI Implied Consent Laws in Kansas any person operating a motor
vehicle impliedly gives their consent to submit to a test to determine
their blood alcohol content when arrested for Driving While Intoxicated
(DWI) or Driving Under the Influence of Alcohol, Drugs, or a combination
of the two (DUI).
Withdrawal of this consent by not agreeing to give a sample of your
blood, breath, or urine will constitute a refusal to submit ('Refusal') and may result in a one-year revocation of your Kansas Driving Privileges,
even on a
first-time DUI offense.
In addition, the fact that you refused to submit to the testing can be
admissible in a criminal proceeding.
Note: Refusing to submit to
Field Sobriety Testing is not currently a chargeable criminal offense in either state.
What Will Happen to Your License?
In Kansas your Driver License will be taken by the arresting officer and
you will be given a 30-Day Temporary Driving Permit or DC-27 / Pink Form,
meaning that the License Suspension will take effect thirty calendar days
after you are served with the DC-27 / Pink Form. This applies whether you have
refused the test or submitted a sample and failed.
If you take the test and fail it (usually by submitting to a breath test
which indicates a blood alcohol level of .08 or greater), the request
for the DMV hearing must be made within fourteen calendar days, or ten
business days. In other words, the temporary permit is valid for thirty
days, but read the fine print: failure to request the hearing within the
ten business day limit will result in the waiver of your right to a
Driver License Hearing, regardless of the outcome of the the criminal DUI charges.
The procedure for requesting a Drivers License Hearing in Kansas is the
same for both an alleged failure of a chemical test and also the alleged
refusal to submit to testing.
Kansas differs from Missouri in that a payment of $50.00 must accompany
the request for a Hearing. Missouri does not charge a fee for a Drivers
Failure to enclose the $50.00 payment with the Administrative Hearing Request
will result in that request being denied.
DUI laws are complicated and are changing constantly; preserve your right to review
and challenge any potential suspension of your Kansas Driving Privileges,
contact our Kansas City DUI defense office for a free consultation today.