Kansas Considering ‘No Refusal’ DUI Weekends

by on October 2, 2009

in DUI

In many states across the country law enforcement has taken the option to refuse a DUI breath test away on some weekends. Kansas law enforcement officials are looking at including this type of crackdowns in their arsenal as well.

A ‘No Refusal’ weekend works to cut down on people refusing breathalyzer tests when stopped on suspicion of DUI. Officials in our state are concerned that the rate of refusals is rising and wants to put a stop to that trend.

If they go forward with it, law enforcement would be able to get a warrant from a judge in order to draw blood in the case of a refusal, essentially taking away the person’s right to refuse and ensuring the police have the evidence they want. Prosecutors will be on call to file motions upon someone’s arrest, and judges will be on call to sign these motions, compelling a blood test on the spot, to test for BAC (Blood Alcohol Content) levels.

Critics worry that this infringes on people’s rights and is way too invasive. As this report from KWCH states, a breath test isn’t necessary for a conviction in a DUI case and using warrants to get blood draws seems quite extreme.

It ca be common for someone with a previous DUI arrests to refuse to submit to a breath test. Kansas officials want to compel defendants to provide this evidence. They want to ensure drunk drivers are arrested and cases brought before the courts are easier for the prosecutors to get a conviction.

It makes sense that refusals rise as individuals are arrested for DUI multiple times. The penalties for DUI grow quite rapidly as your consecutive convictions mount.

For instance, a first time DUI charge can get you up to 6 months in jail, fines, and a 30 day license suspension. However, your second DUI can get you up to 1 year in jail, a 1 year suspension, and a mandatory ignition interlock device installed once your license is reinstated.

Your third DUI can be charged as a felony. This is a title you will carry the rest of your life. As a convicted felon you may have a harder time getting a job and approved for rental property.

DUI cases are taken very seriously in Kansas and the consideration of ‘No Refusal’ weekends is evidence of this.

If you are facing charges of DUI you need an aggressive attorney fighting for you every step of the way. Whether this is your first DUI case or your 5th, call me to discuss your case immediately to see how I may be able to help.

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