Legal Question in DUI Law in Kansas

in johnson county kansas, does it matter if you refused a breathalyzer test vs not...as far as defense is concerned

Asked on 10/22/10, 6:05 pm

1 Answer from Attorneys

Anthony Smith LawSmith
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If you refuse the test, your license is automatically suspended. If a drunk does not submit to the test, the prosecutor would have to rely on other evidence to prove that the defendant was driving under the influence. If sober person refuses the test, than they are more likely to get charged with DUI based upon other indicators, where the negative test would prove they aren't drunk, and less likely to cite the driver. The harm or value of not submitting to the test differs on whether you are talking about an adult or a minor

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Answered on 10/27/10, 6:21 pm

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