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What Is a DUI/Refusal?

In Kansas, there are multiple ways to be charged with Driving Under the Influence (DUI). The first consists of operating or attempting to operate a vehicle while having a breath or blood alcohol level of .08 or greater within 3 hours of operation or attempted operation. The second is operating or attempting to operate a vehicle while under the influence of alcohol, drugs, or a combination of both, that renders a person incapable of safely driving a vehicle.

Effective July 1, 2012, it became a crime in Kansas to refuse a chemical breath, blood or urine test requested by an officer to determine whether you are under the influence. If you have been operating or attempting to operate a vehicle, and you refuse to submit to a test of blood breath or urine requested by a law enforcement officer you may be charged with refusal IF:

On or after July 1, 2001, and subsequent to your 18th birthday, you had a prior conviction or diversion for DUI, or you have previously refused to submit to a test of blood, breath or urine properly requested by Law Enforcement.

As with any criminal charge, the government bears the burden of proving the charge against you. However, due to increased political and public intolerance toward those who drink and drive, defending persons charged with a DUI has become more complicated, and the penalties upon conviction continue to become more severe.