Kansas Implied Consent

IMPLIED CONSENT

Every person who operates a motor vehicle in the state of Kansas is deemed to have given his consent to have his breath, blood, urine, or other bodily substances, tested for alcohol and/or drugs. That is known as Kansas' "Implied Consent" law.

Before a police officer can request that a driver take a chemical test, however, he or she must give him written and oral notice of ten facts about alcohol testing, including the fact that you have no right to consult an attorney about   the test, that there is no constitutional right to refuse the test, that if a person refuses the test they could lose their  driving privileges for a year, and that after the test the person has the right to get additional testing done at the place of their choice. If you have been charged with a DUI you may recall the officer giving you a white piece of paper and asking that you read along with it while he read it to you. That was your oral and written consent.

After the notice is given, the officer will then ask a person if he or she will consent to a test. The driver has no choice as to what kind of test is administered.

 

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