The Right to Remain Silent – The Kansas DUI Breath Test Refusal Statute

Did you know that up until last Friday, February 29, 2016, Kansas had a law on the books making it a crime to refuse a breath test?  Not only will a breath test refusal lead to a suspended license, in Kansas until last week, it also constituted a separate criminal charge, per Kansas Statute 8-1025.  But last week the Kansas Supreme Court ruled that this law is unconstitutional, because it requires citizens to consent to what is tantamount to a warrantless search, or face the prospect of jail time simply for invoking the 4th Amendment right to demand that police produce a search warrant before intruding upon one's home or person.  The breath test refusal statute also forced citizens to give up their Fifth Amendment right to remain silent, because remaining "silent" when being asked to give a breath sample is, in and of itself, a violation of the law, and thus a resulting criminal offense.
 

Last Friday the Kansas Supreme Court struck down this law in four separate cases.  I wrote the first brief filed in the Supreme Court challenging this law as unconstitutional.  My client's case has yet to be officially ruled upon, but given the other four published decisions, a victory is imminent any day.  It's a welcome win for the Constitution!

If you have a family member or friend who is facing charges, or if you are a lawyer seeking assistance with an appeal or post-conviction matter, please call this office immediately.  There are always time deadlines limiting when these claims can be raised.  If you wish to learn more about the process, call now.

Jonathan Laurans wants you to be educated as to what you may be facing.  If you or a loved one has been convicted of a crime in Missouri, Kansas or Texas, or in any federal court, contact him immediately.  Visit his website at www.kansascitymoattorney.com and then call him at (816) 421-5200 for a FREE initial legal consultation.

A DUI/ DWI Charge Actually Initiates Two Separate Cases Against the Driver, Often Taking Place in Separate Courts in the Kansas City Area. Part Two - The Administrative Case.

It is important to understand the administrative case potentially facing you.

Earlier we discussed the criminal case as it pertains to driving under the influence of alcohol or drugs in the Kansas City area.  It is important to remember that whatever you think you know about DUI/DWI, a veteran Kansas City criminal attorney knows more.

Let us now address the administrative case.  This is where the State division of motor vehicles attempts to suspend your driving privileges, i.e., take away your license for a specified period of time.  It is often referred to as your "admin. hearing" by most lawyers.  In that hearing, there is a fight over whether the officer who stopped your vehicle made all appropriate determinations leading to evidence indicating you were driving while under the influence of drugs or alcohol.  While many lawyers focus on the "legality" of the officer's decision to pull your car over, the determination in these proceedings is instead whether observations and evidence support a conclusion of a drunken or altered state while operating the car.  In other words, the focus is on the driver's condition, not on the driver's driving performance.  Like with the criminal side of your DUI charge, the administrative penalties (the duration of a driving suspension) vary according to your prior record, i.e., driving history.

Jonathan Laurans wants you to be educated as to what you may be facing.  If you or a loved one has been accused of a DUI or DWI in the greater Kansas City area do not hesitate.  Visit his website at www.kansascitymoattorney.com and then pick up the phone and give him a call (816) 421-5200 for a FREE initial legal consultation.

A DUI/ DWI Charge Actually Initiates Two Separate Cases Against the Driver, Often Taking Place in Separate Courts in the Kansas City Area. Part One - The Criminal Case:

First, there is the criminal case. Since driving under the influence of alcohol or drugs is a violation of state statute and/or city ordinance, either the county or city can arrest a suspected driver and issue a ticket or summons requiring the driver to appear in court and face charges. 

The criminal penalties for DUI/ DWI are mostly dependent upon the driver’s history of alcohol-related infractions. Whether a driver should plead guilty with the assistance of an attorney negotiating a “plea bargain,” or instead challenge the charge at a trial, is dependent upon the evidence and the validity of the arresting officer’s initiation of the traffic stop and collection of information and evidence from the driver. 

Only a skilled Kansas City area trial lawyer – one who not only knows all of the various defenses available to a driver, but who has also employed them in a courtroom, should be advising and handling your DUI/ DWI case.  Look for a criminal defense lawyer who promises to not only investigate your charges, but who also discusses with you the legal research that must be conducted in order to properly strategize your defense.

Analysis of your case and potential defenses ought to be done in person.  Never should you try to glean plans for your own specific case off of a website.  So meet with an experienced criminal defense attorney immediately!

In the Kansas City area that man is Jonathan Laurans at www.kansascitymoattorney.com.  Call him today for aggressive DUI/DWI representation at (816) 421-5200.  Your situation is too important to trust to just any attorney.

Stay tuned for the next installment of "Part Two - The Administrative License Suspension Case".