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 License Hearing. Failure to enclose the $50.00 payment with the Administrative Hearing Request will result in that request being denied.
Kansas 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.