OVERLAND PARK, KANSAS DC-70 DUI INFO

.If you are in Overland Park, or across the state of Kansas, and suspected of driving under the influence, you must have a DC-70 advisement read to you. Here what you should expect:

1. Kansas law (K.S.A. 8-1001) requires you to submit to and complete one or more tests of breath, blood or urine to determine if you are under the influence of alcohol or drugs or both.
2. You have no constitutional right to consult with an attorney  regarding whether to submit to testing.
3. If you refuse to submit to and complete any test of breath, blood, or urine hereafter requested by a law enforcement officer, your driving privileges will be suspended for 1 year.
4. If you submit to a breath or blood test requested by a law enforcement officer and produce a completed test result of .15 or greater, your driving privileges will be suspended for 1 year.
5. If you submit to a breath of blood test requested by a law enforcement officer and produce a completed test result of .08 or greater, but less than .15, the length of suspension will depend upon whether you have a prior occurrence. A prior occurrence is a prior test refusal, test failure or conviction or diversion for an alcohol or drug-related conviction as defined in K.S.A. 8-1013, and amendments thereto, or any combination thereof, whether before, on or after July 1, 2001.
6. If you fail a test with an alcohol content of .08 or greater, but less than .15 and do not have any prior occurrences, your driving privileges will be suspended for 30 days.
7. If you have a prior occurrence and fail a test with an alcohol content of .08 or greater, but less than .15, your driving privileges will be suspended for one year.
8. Refusal to submit to testing may be used against you at any trial on a charge arising out of the operation of a vehicle while under the influence of alcohol or drugs, or both.
9. The results of the testing may be used against you at any trial on a charge arising out of the operation or attempted operation of a vehicle while under the influence of alcohol or drugs, or both.
10. After the completion of testing, you have the right to consult with an attorney and may secure additional testing, which, if desired, should be done as soon as possible and is customarily available from medical care facilities willing to conduct such testing.

Should the officer fail to read you this advisement, the evidence obtained from the testing may be prevented from coming into court. We can help you better understand what to expect in your Kansas DUI case. Call us NOW @ 913.602.7288