Kansas City Implied Consent Law

Kansas DUI Defense Lawyers

Under Kansas law, it is deemed that anyone who drives has automatically consented to testing of the blood, urine, and/or breath. However, the law enforcement officer is required to provide the suspect both oral and written instructions regarding the test.

Generally, when a police officer or Trooper hands you the DC-70 form with the notices on it, they are complying with the requirement to provide you written notice. Generally, when the officer reads the form to you, they are complying with the requirement to provide you oral notice. However, this is debatable when the implied consent form doesn't comply with what the Kansas statute actually says.

This can possibly be an issue right now because the Attorney General has altered the form. They have altered it due to the fact that the Kansas Supreme Court ruled in 2016 that it was Unconstitutional to criminalize a refusal. This might be something your DUI lawyer looks into.

Taking the Test Under Implied Consent Law

After notices are provided, you are then required to take the test under the implied consent law. While they could ask you to take a blood test, the Supreme Court has clarified that would require a warrant due to the invasive search that it is. When the officer is reading the implied consent notices, he is, in effect, given you information regarding the test, as required by legislature. Of course, most people have no idea what it means while the officer is reading the notices. In fact, our DUI defense attorney has won some cases because the officer tried to incorrectly explain to the Defendant what the instructions mean.

Some of the notices include information that you aren't allowed to consult with a criminal defense lawyer whether to take the test, you don't have a Constitutional right to refuse the test, your license will be suspended for a year if you refuse, you will be required to have an ignition interlock on your vehicle if you refuse, and that you have a right to independent testing after the police do their testing on you.

Call Martin & Wallentine today for experienced and compassionate representation.