Yes. You may now be charged for a crime – possibly a felony – for refusing a breath, blood or urine test in connection with a DUI investigation in Kansas. Substantial changes to Kansas law took effect in on July 1, 2012 and if you have refused a breath, blood or urine test in connection with a DUI investigation since that date, you may be charged with the crime of “Refusing To Submit To a Test To Determine The Presence Of Alcohol Or Drugs.” In some cases, refusing one of these tests may result in a felony charge against you.

It is imperative that you know your rights and responsibilities under the law. For example, you may not understand that if you are arrested for a DUI, you must not only endure the criminal proceedings initiated against you, but you must also work through the administrative processes affecting your ability to maintain your driver’s license. Once arrested on a DUI charge, you only have fourteen (14) days from the date of your arrest to apply for an Administrative Driver’s License Hearing, which may help save your driving privileges.

Anyone arrested for a DUI or other crimes associated with DUIs, such as Possession of Controlled Substances, Minor in Consumption (MIC) or Minor in Possession (MIP), should contact an attorney as soon as possible. Klenda Austerman attorneys can be of assistance in these complex areas of the law and are happy to sit down with you to discuss your case and your rights. For further information, please contact M. Blake Cooper at

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