If you are resident of the state of Kansas, you might want to think twice before refusing a breathalyzer test. According to a new law which was enacted on July 1st, 2012, the refusal to submit to a breathalyzer test is a serious crime. This refusal will merit offenders a $1,750 fine. The hefty expense also applies to suspects who choose to bypass a blood or urine test when pulled over on the suspicion of drunk driving. Not only can these people be forced to shell out a lot of money, they can also be sent to jail for their obstinacy. The Centers for Disease Control says that there were 10,839 fatalities from drunk driving in the United States in 2009. In fact, in that year, 32 percent of all fatal traffic accidents on a national level were the result of a drunk or drugged driver.
Impaired driving can pose a serious threat to innocents out on the road. This is why the police, as well as the courts, take the practice of prosecuting drunk drivers seriously. In the past, many Kansas citizens would be pulled over for DUIs and refuse to take a breath, blood or urine test. While they were normally given an extended license revocation for their crime, there were situations where the defendant could use the lack of evidence as a strategy to help him or her avoid punishment. Now, refusing a breathalyzer test won’t help drivers, but rather hurt them.
In addition to the fines and the threat of jail time, any individuals who refuse a breathalyzer, blood, or urine test will be automatically subject to one-year without a license. The year that they get that license back, these offenders will be issued a new punishment. They will need to have an ignition interlock device installed onto their vehicle. These devices are little breathalyzers which must detect a BAC under 0.08 percent before the car will start. The breathalyzers will retest a few minutes into your drive to make sure that you did not have a sober individual breath in so that you could start the car. The ignition interlock devices can be embarrassing, irritating, and frustrating, but they are effective at making sure that a driver stays off the road when intoxicated.
Some defense attorneys believe that Kansas’ new laws are too extreme. One attorney says that the legislation will add thousands of criminals to county jails and cost the system up to $2 million. As well, it will congest the court system with more and more DUI cases. When people are pulled over for a DUI, they can be terrified at their situation. This can lead to making some foolish decisions. DUI suspects may get confused, and think that they have a right to refuse the breathalyzer test. This is because DUI suspects do in fact have the right to say no when asked to perform field sobriety tests. These are exercises like walking a straight line, putting your finger on your nose, or saying the alphabet.
Yet when a driver confuses field sobriety tests with the chemical blood, breath and urine tests, they may try to invoke their right to refuse. Citizens need to be educated if they are expected to adhere to the tests without resistance. In Kansas, the police force focuses primarily on young drivers who are intoxicated. The Center for Disease Control and Prevention says that 35 percent of all drivers involved in fatal collisions are between the ages of 21 and 24.
While these younger drivers may be a threat on the roads, they are also most vulnerable to being damaged by an arrest. These young adults may be searching for jobs, low on cash, and busy with school when arrested. Having a DUI on their record can effectively ruin their future. If you have been arrested for a DUI in any state, and if you refused the tests because you thought you had a right to do so or were unaware of the resulting consequences, then find a DUI lawyer in your area to help you through your case.