Kansas law changes penalty for refusing field sobriety testing

Kansas law changes penalty for refusing field sobriety testing
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Refusal to take and complete field sobriety testing in Kansas is no longer a traffic infraction. Now, it will result in a suspension of your driver’s license.

The change in state law (HB 2104) took effect on July 1st, 2019. The bill was introduced by the Kansas Judicial Council.

KOAM is speaking with local law enforcement today for more details about the change in law. The story will be on KOAM News at 9 and 10.

Read the full law and summary

Law enforcement in Kansas are required to give a driver oral and written notice that:

There is no right to consult with an attorney regarding whether to submit to testing, but, after the completion of the testing, the person may request and has the right to consult with an attorney and may secure additional testing;
if the person refuses to submit to and complete the test or tests, the person’s driving privileges will be suspended for a period of one year;
if the person fails a test, the person’s driving privileges will be suspended for a period of either 30 days or one year;
refusal to submit to testing may be used against the person at any trial or hearing on a charge arising out of the operation or attempted operation of a vehicle while under the influence of alcohol or drugs, or both; and
the results of the testing may be used against the person at any trial or hearing on a charge arising out of the operation or attempted operation of a vehicle while under the influence of alcohol or drugs, or both.

When requesting a test or tests of blood or urine, the driver shall be given oral and written notice that:

If the person refuses to submit to and complete the test or tests, the person’s driving privileges will be suspended for a period of one year;
if the person fails a test, the person’s driving privileges will be suspended for a period of either 30 days or one year;
the results of the testing may be used against the person at any trial or hearing on a charge arising out of the operation or attempted operation of a vehicle while under the influence of alcohol or drugs, or both; and
after the completion of the testing, the person may request and has the right to consult with an attorney and may secure additional testing.

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