Kansas DUI Blog – News and Information

New Kansas DUI Laws Coming in 2018

In February of 2018, I testified in front of the Kansas Senate Judiciary Committee regarding a bill which would make sweeping changes to the DUI laws in Kansas. Among the proposed amendments to the law were criminalizing refusals of breath tests (again), attempting to incorporate the specific DUI laws from all 50 states (and Puerto […]

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Refusal of a PBT Declared Unconstitutional

On December 22, 2017, the Kansas Court of Appeals declared that the crime of Refusal of a Preliminary Breath Test, as set out in KSA 8-1012, was unconstitutional in a case called State of Kansas v. Michael Robinson (Case No. 116,872). A preliminary breath test, often called a PBT, is a handheld breath test device […]

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2017 Kansas DUI Case Results

2017 Kansas DUI Case Results A lot of cases were put on hold awaiting the Kansas Supreme Court to reconsider their 2016 ruling that it was unconstitutional to make it a crime to refuse a test in Kansas. Fortunately, the Supreme Court stuck to their previous ruling and struck down the law. So, cases that […]

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2017 DUI Case Results

A lot of cases were put on hold awaiting the Kansas Supreme Court to reconsider their ruling that it was unconstitutional to make it a crime to refuse a test in Kansas. Fortunately, the Supreme Court stuck to their previous ruling and struck down the law. So, cases that were in a holding pattern will […]

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The Cost/Benefit of Hiring a DUI Lawyer

I was interviewed recently for an article about the cost vs. benefit of hiring an attorney for a DUI case. The article discusses the effect of a DUI on insurance as well as what attorneys cost to represent someone on a DUI. From the subtitle, “A good attorney is expensive, but a DUI is much […]

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Driving Under the Influence of …. Coffee

A man in California was pulled over for “cutting off” an agent of the California Alcohol Beverage Control in August of 2015. That agent developed an opinion, no doubt using his extensive training and experience, that the driver was DUI. He was arrested and taken to jail where he was given a breath test. Problem […]

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Intoxilyzer 9000 Breath Testing Forgeries – NBD

A recent article in the Denver Post details the discovery by DUI defense attorneys in Colorado that hundreds of “certifications” of Intoxilyzer 9000 machines have been forged. The Colorado state health lab is supposed to calibrate and test each breath test machine and then issue a certification that the machine is accurate. Under Colorado law, […]

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