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 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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Can you get arrested for a DUI in Kansas if you weren’t driving?

The short answer is: Yes. However, the more complete question is whether you can be arrested and charged with a DUI in Kansas if you weren’t actually operating the vehicle. Under Kansas law, a DUI is defined as operating or attempting to operate any vehicle while over the legal limit of .08 or while alcohol […]

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Defenses Against DUI Blood Tests in Kansas

I have previously posted about the increasing number of cases the Kansas DUI defense community is seeing regarding DUI for drugs. Law enforcement and prosecutors typically attempt to lend credibility to DUID charges by using a highly contestable combination of blood tests and drug recognition “experts.” Many DUIs remain strictly alcohol-related due to the fact […]

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KS DUI Laws Include Prescription Drugs

DUI on Prescription Medication —How’s that possible? Kansas DUI laws include driving while drugged and most people are familiar with the term DUID, or driving under the influence of drugs. Unfortunately, what a growing portion of the driving public is coming to realize is that you can be charged with DUID for prescription medication. Many […]

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What Are Your Rights When Pulled Over by KS Police?

The laws on being pulled over by police in Kansas continue to evolve, and in many cases, expand, due in no small part to a 2014 decision by the U.S. Supreme Court. In Heien v North Carolina, an officer stopped a “suspicious vehicle” on the traffic violation that it had a missing brake light. The […]

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