If the driver refused to submit to the intoxilyzer test, driving privileges are suspended for a full year, followed by an additional 4 years of driving a vehicle only if said vehicle is equipped with an ignition interlock device. A person convicted of a fourth or subsequent DUI, however, must serve 72 consecutive hours 3 days in jail before being eligible for a work release program or house arrest with electronic monitoring for the balance of the 90 day minimum term of confinement.
At the administrative level for a Fourth Offense DUI, if a person is convicted of the DUI and submitted to, but failed the Intoxilyzer test by providing a sample of breath that tested positive for alcohol at or above.
Charged with a DUI?
If the driver refused to submit to the intoxilyzer test, driving privileges are suspended for a full year, followed by an additional 5 years of driving a vehicle only if said vehicle is equipped with an ignition interlock device. If you have read all of the information on my web site regarding DUI defense, you know that refusal of the Intoxilyzer Test at the police station will generally afford a driver fact defenses to the charge of DUI that would not be available in the face of an admissible Intoxilyzer test result.
The Kansas Legislature has consistently increased the administrative penalties associated with Breath Test refusal as a means of discouraging drivers from refusing the Intoxilyzer Test. Effective July 1, , refusal of the Intoxilyzer Breath Test at the police station is a criminal offense. Now, if you refuse the Intoxilyzer Breath Test at the police station, you could be sentenced to jail. However, if you are facing your very first alcohol related charges with no prior alcohol related anywhere, any time, ever, and you elect to refuse the intoxilyzer breath test at the police station, you will not face independent criminal charges for refusal of the intoxilyzer test.
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The criminal charges for refusal of the intoxilyzer test only apply to drivers with at least one prior alcohol related driving offense. The criminal penalties for refusal of the Intoxilyzer Breath Test are essentially the same as the penalties for conviction of the underlying DUI offense:. On a first conviction, refusal of the Intoxilyzer Test is a class A, nonperson misdemeanor.
The person convicted, if placed into a work release program, shall serve a minimum of hours of confinement. The court may place the person convicted under a house arrest program pursuant to K. The person convicted, if placed into a work release program, shall serve a minimum of 2, hours of confinement. On a third or subsequent conviction, refusal of the Intoxilyzer Test is a nonperson felony. Refusal of the Intoxilyzer Test may be a valid strategic decision to make if you have absolutely NO prior alcohol related arrests, convictions or Diversions anytime anywhere, ever.
But now, because refusal of the Intoxilyzer Test carries the exact same criminal penalties as the underlying DUI charge on second and subsequent occurrences, it does you very little good to refuse the test. You would be better off to submit to the test and explore forensic challenges to the test result or administrative challenges to the admissibility of the test result.
What are the Penalties for DUI?
If you are facing a second or subsequent DUI charge, contact my law office immediately to discuss the best DUI defense available in your situation. Contact a Kansas DUI Lawyer with the experience and the dedication to get the best possible outcome in your drunk driving case. I offer an initial consultation and I am eager to discuss the facts and circumstances of your case with you.
Speak with an experienced DUI attorney from our law firm today to get your questions answered. With over a decade of experience, our defense attorneys have helped many Kansas citizens to overcome serious penalties such as: fines, jail time, criminal records, community service and probation. Even if this is your first DUI offense, you could still be made to face life-long consequences.
Our firm is focused on obtaining a not guilty verdict for our clients. We will stand up to the prosecution's accusations no matter what and will fight relentlessly for the rights of our clients. Speaking with an attorney at your earliest convenience will give your representation a better chance of building a strong defense in your name. Your case may involve complex aspects and evidence that can only be challenged by a highly experienced DUI attorney. If the judge grants probation, the convicted motorist must serve at least 48 hours in jail before being released on probation.
However, judges typically have the discretion to order hours of community service in lieu of jail. DUI probation is usually for one year. Anyone on probation must abide by certain restrictions. These restrictions might include not consuming alcohol or drugs, drug and alcohol testing, and abiding by all other laws and ordinances. Violating a condition of probation can result in jail time. After license reinstatement, the motorist is restricted for days to driving only a vehicle with an ignition interlock device IID.
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An IID is an in-car breathalyzer that must be installed and maintained by a licensed distributor at the expense of the driver. However, drivers who had a blood alcohol concentration BAC of. And drivers who refuse to consent to a breath, blood, or urine test are looking at a one-year suspension and two-year IID restriction.