Can I refuse a breathalyzer test in Kansas? See state law on DUIs and possible penalties
In Kansas, it’s illegal to operate a motor vehicle with a blood alcohol content of 0.08 or higher. If you’re younger than 21, you can be charged with driving under the influence with a blood alcohol content of 0.02 or higher.
Field sobriety tests are often administered when a driver is pulled over and suspected of driving while intoxicated. But is it illegal for a driver to refuse to participate?
In Kansas, you cannot get a ticket or be charged for refusing a sobriety test under a state law updated in 2019.
While you won’t be charged for a crime if you refuse a field test in Kansas, you will face the suspension of your license for up to a year, Kansas Statute 8-1014 says. To compare, a yearlong license suspension is the maximum suspension for someone who fails a sobriety field test in the state.
After the one-year suspension is lifted, the driver will have to operate a vehicle for two years with an ignition interlock device, which doesn’t allow the vehicle to start if the driver is intoxicated. The length of time a driver has to operate a vehicle with the device grows with each offense in which the driver refuses the test.
Additionally, drivers who refuse sobriety tests can still be prosecuted for driving under the influence with other evidence.
Kansas penalties for driving under the influence
If someone is found guilty of driving under the influence, the consequences depend on the specific offense.
If it is someone’s first time being charged with a DUI, drivers can either receive 48 hours of imprisonment or 100 hours of community service, according to the Kansas Department of Transportation. Fines vary from $500 to $1,000, and the driver also faces a 30 day-driving suspension.
Penalties increase with the number of DUIs on a person’s record.
For a second offense, the driver faces 90 days to one year of imprisonment, with fines from $1,000 to $1,500, as well as a driving suspension of one year. After the suspension is lifted, the driver is only allowed to drive a vehicle with an ignition interlock device for one year.
The driver will be charged with a felony for the third and subsequent offenses.
Charged with a fifth offense, or more, the driver faces 90 days to one year of imprisonment and fines of $2,500, as well as permanent revocation of their license.
In 2022, 722 tickets were written in Wichita for driving under intoxication, according to The Wichita Eagle’s ticket database. The database only reports tickets written by the Wichita Police Department and city employees.
This story was originally published March 6, 2024 at 6:25 AM.
