Implied Consent

Kansas City DUI Attorney

We've all heard someone say, "If you're stopped for a DUI, don't blow and they can't convict you." Can it possibly be that easy to get around the whole drunk driving law enforcement system?

The law office of Paul D. Cramm offers experienced advice and counsel to clients charged for drunk driving. Contact me today for a free initial consultation with a skilled Olathe DUI defense lawyer.

Implied Consent - Should You Refuse a Breathalyzer?

Although the Intoxilyzer blood alcohol test results will usually be the strongest evidence against you in a DUI case, it is important to consider the implications of refusing the breathalyzer test as well as other evidence that may be used against you.

Kansas has what's known as a dual standard for DUI prosecution - while a BAC reading of 0.08 or greater will normally prove the prosecution's DUI case against you, it is not the only evidence that can be used. In the absence of a verified breath test result, prosecutors can rely on other evidence to show that you were incapable of safely operating your vehicle at the time of the stop, such as:

• Appearance
• Demeanor
• Odor of alcohol
• Actual driving behavior
• Field sobriety test performance

The Impact of Implied Consent Laws

By choosing to operate a vehicle, Kansas DUI laws dictate that you have implied your consent to submit to a breathalyzer test should the officer feel there is reasonable suspicion. Breath test refusal is a violation of implied consent laws and can result in driver's license suspension for a significantly longer term than for failure of a breath test after lawfully "submitting" to it when asked.

As an experienced DUI defense lawyer, I recognize that each person has individual priorities with regard to the possible results of a DUI prosecution. While some people may feel that completely avoiding a criminal conviction is most important and are happy to walk or ride the bus if necessary, others prefer to protect their driving privileges and do not feel as though a misdemeanor conviction on their criminal history would be 'the end of the world' so to speak.

The best strategy depends largely on the details of each individual's circumstances. Regardless, you should consult with a DUI defense lawyer for informative and knowledgeable advice. Learn more about implied consent and breathalyzer refusal. For an aggressive and tough DUI defense lawyer, contact me today.