On July 1, 2012 the Kansas Legislature enacted K.S.A. 8-1025 (Criminal Refusal) making it illegal to refuse to submit to a chemical test. Failure to submit to the requested chemical test will result in you being charged with the crime of Refusal depending on your circumstances.
As Attorney’s we cannot advise you to violate the law.
While, depending on the circumstances, refusing a chemical test may make it less likely that you will be convicted of DUI, that refusal may be used as conscious evidence of guilt against you at your DUI trial. Often times a prosecutor will go forward without a chemical test and rely on other evidence such as poor driving, field sobriety test performance and other observations that the officer will claim to have made.
If you refuse, and ultimately the Criminal Refusal law is found to be constitutional, you will have provided the prosecutor with the sole piece of evidence needed to convict you of a crime which carries the same penalties as a DUI.
Additionally, if you refuse, it may result in a longer period of suspension or restriction of your driving privileges.
