In Kansas, the penalty for a DUI conviction depends largely on how many prior DUI convictions the defendant has. For instance, the penalty for a first DUI requires 48 hours in custody and a $750 fine while the penalty for a fourth DUI requires 72 hours in custody and a $2,500 fine. Judges in DUI cases order a criminal history report that includes a list of all prior convictions. To determine whether the prior out-of-state DUI conviction can be used ... Read More »
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Kansas Criminal Refusal Law in Limbo
In February of 2016 the Supreme Court of the State of Kansas declared Kansas’ criminal refusal statue unconstitutional. In State of Kansas v. Ryce, State of Kansas v. Wycoff, State of Kansas v. Nece and State of Kansas v. Wilson, the Supreme Court found K.S.A 8-1025 (criminalizing the refusal of a chemical test) Facially Unconstitutional. The Court relied on violations of Due Process and the Doctrine of Unconstitutional Conditions, in finding the statute facially Unconstitutional. The ruling remains very much ... Read More »
New Kansas Test Refusal Law – Strictly Enforced
On July 1, 2012, the Kansas Legislature’s new test refusal law criminalizing the refusal of a requested blood, breath, or urine test went into effect. Over the past 2 months, I have seen this new law rigorously enforced. Basically, if during a DUI investigation the driver refuses to submit to the officer’s request for a test, the main element of the charge is met. It is, however, important to know that a Refusal can only be charged in regard to ... Read More »