 | Marc C. Davis received his J.D. from Washburn University School of law in 2001. While attending law school he clerked for firms in Topeka, including Palmer, Leatherman &White. Since graduation, Marc has started a solo practice where he specializes in criminal defense. Marc did not take the most direct route to law. After waiting tables for about 10 years, Marc decided to make a change and quickly got his G.E.D. and a bachelors degree in anthropology from WSU in1998. When he is not working, Marc loves to golf and shoot pool. He also likes to fish, especially the gulf of Mexico. |
Legal
2003-12-01 10:58:00
Should I consent to a breathalyzer?
: Should one always consent to a Breathalyzer test, or are there some instances when I should not?
ANSWER: It depends. I must start off by saying that under Kansas Law, you will be asked to submit to a breathalyzer test, or B.A.T., once the arresting officer has determined that he/she has established probable cause for requiring the blood, breath or urine test. Of course you can refuse, but you must understand that refusing to submit to a B.A.T. will have some repercussions. The risk is a one-year loss of driving privileges. However, this risk must be balanced against the likelihood of you providing law enforcement with solid evidence of impairment. For example, if you were facing a third or subsequent D.U.I. in your lifetime, you would be charged with a felony, in which case you would be facing one year in jail versus one year's loss of driving privileges. However, if probable cause is not established the results of a B.A.T. could be suppressed or the use of that evidence could be limited. It is easier to explain this question by discussing what generally has to happen before a person is asked to submit to a B.A.T.
