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Implied Consent Advisories
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 several facts about alcohol testing, including the fact that you have no right to consult with an attorney about whether to submit to the test, that there is no constitutional right to refuse the test, that if a person refuses the test he or she could lose his or her driving privileges for at least a year and thereafter be restricted to driving with an ignition interlock device, 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 in Kansas 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. Only the officer decides whether to request a breath test, blood test or urine test, or some combination of the three. The officer can request more than one test if he wants. After the driver has submitted to the test or tests of the officer’s choice, and only if the test or tests were completed, he or she is entitled to go and get an independent test from a doctor or hospital of his or her choosing.
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