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Marc C Davis
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?
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.
 
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