Under state laws drivers do not have the right to refuse a breath or blood test if they are arrested or taken into custody for allegedly driving under the influence (DUI) of alcohol or drugs. Obtaining a driver's license is a privilege not a right. To receive that privilege a driver must agree to follow certain laws and rules of the road. As soon as a driver gets behind the wheel of a vehicle, he or she is also giving implied consent to submit to breath, blood and other chemical testing following a DUI arrest. Any individual who refuses a breath or blood test can be charged with Criminal Refusal in addition to be charged with DUI. Penalties for refusing these types of tests can include a 1-year license suspension and a mandatory 2-year installation of an Ignition Interlock Device (IID) for a 1st time offender. Penalties for subsequent offenses can include jail time in addition to the above. A refusal to submit to breath, blood or other chemical testing can also be used against an individual in court.
If you have been arrested for a suspected DUI or for refusing a breath or blood test in Kansas City, it is strongly advised that you acquire legal representation from a proficient Kansas City DUI lawyer. Paul W. Burmaster is a DUI lawyer with more than 20 years experience. He is a former prosecutor who has helped thousands of individuals defend their rights in face of serious DUI and DUI-related charges. If there were errors in the arrest process or if the officer had insufficient probable cause to pull you over, he may be able to get your case dismissed before charges are even filed. Results in these types of cases can also be aggressively challenged and any inaccurate testing methods or faulty procedures can be used in your defense. He has received the Avvo Clients' Choice Award in DUI for 2012 and his expertise in the field has made him a well-respected member of the legal community where he has lectured and taught DUI defense on a number of occasions. He personally handles each case he takes on and he is devoted to providing clients with a compelling defense strategy that will help them in their pursuit of the most optimal results for their case. Call his firm now so that he can review your case and help you fight for you rights.