Getting pulled over by law enforcement in Kansas under suspicion of DUI can be a stressful and intimidating experience. What happens in those first few minutes during a roadside investigation can heavily influence the outcome of your case. The officer is gathering information and building a case—your actions and words may either protect your rights or harm your defense. Knowing what to do (and what not to do) during a DUI traffic stop can make all the difference.
Stay Calm and Composed
The first and most important thing is to stay calm. Do not make sudden movements, and keep your hands visible—typically on the steering wheel. If it’s nighttime, turn on the interior light in your car. These small actions demonstrate to the officer that you’re cooperative and not a threat. Keeping a calm and respectful demeanor also helps avoid unnecessary escalation.
Avoid arguing with the officer or making statements like, “I only had two drinks.” These comments, while seemingly innocent, can be used against you later in court. It’s not your job to prove your innocence on the side of the road.
Provide Required Information — But Nothing More
In Kansas, you are required to provide your:
- Driver’s license
- Vehicle registration
- Proof of insurance
Beyond that, you are not obligated to answer questions about where you were, whether you’ve been drinking, or how much you consumed. Officers are trained to ask questions that seem routine but are designed to build probable cause for arrest. Politely decline to answer questions that go beyond identifying yourself.
For example:
“Officer, I’d like to cooperate, but I would prefer not to answer any questions without an attorney.”
This is a lawful and protected statement, and you are well within your rights to say it.
Understand the Purpose of the Stop
From the moment the officer approaches your window, they are observing everything: your speech, your eyes, your coordination, and your demeanor. They’re watching how you retrieve your documents, how you answer questions, and whether there’s any odor of alcohol coming from you or your vehicle. If they claim to detect signs of intoxication, they may ask you to exit the vehicle and begin a roadside investigation.
This is when the stop shifts from a simple traffic infraction to a criminal investigation. You are not under arrest yet, but your behavior during this phase is being scrutinized carefully.
Field Sobriety Tests Are Optional — But Refusing Comes With Consequences
Kansas officers often use Standardized Field Sobriety Tests (SFSTs), such as:
- The Horizontal Gaze Nystagmus test (eye movement)
- The Walk-and-Turn test
- The One-Leg Stand
You are not legally required to perform these tests. However, refusing to do so may raise suspicion in the officer’s mind and could still lead to arrest. The problem is that these tests are subjective and often unreliable. Weather conditions, road surfaces, footwear, medical conditions, and even nerves can negatively affect performance.
If you choose to decline, do so respectfully and clearly:
“I do not wish to perform any physical tests.”
It’s important to remember: these tests are voluntary, but the officer likely won’t tell you that.
Breath Tests: Roadside vs. Station Test
Kansas law distinguishes between two types of breath tests:
- Preliminary Breath Test (PBT): This is a small handheld device used at the roadside. You can refuse this test without immediate legal penalties. However, refusal may still give the officer grounds to arrest you based on other observations.
- Evidentiary Breath Test (Intoxilyzer): If arrested and transported to a station, you may be asked to submit to an official breath test under Kansas’s implied consent law. Refusing this test can lead to administrative license suspension and potential use of your refusal as evidence in court.
Kansas Statutes § 8-1001 requires drivers to submit to chemical testing (breath, blood, or urine) after a lawful arrest. Refusing the evidentiary test triggers serious administrative consequences, including:
- A 1-year license suspension (for first refusal)
- Mandatory ignition interlock requirements
Before deciding to refuse any chemical test, it’s critical to understand the legal trade-offs. An attorney can later challenge the validity of the arrest and test procedures—but only if you protect your rights early on.
Don’t Talk More Than You Need To
During the roadside phase, it’s common for nervous drivers to talk too much. Officers may keep you talking in hopes you’ll make a damaging admission, contradict yourself, or exhibit signs of impairment. Do not answer questions like:
- “Where are you coming from?”
- “Have you been drinking?”
- “How much have you had?”
Even “I just had one drink” could later be spun into an admission that you consumed alcohol before driving. You’re not required to help the police build their case.
Silence cannot be used against you—but statements can.
Don’t Consent to a Vehicle Search
Unless the officer has probable cause, a warrant, or your consent, they cannot lawfully search your car. If you’re asked:
“Do you mind if I take a look around?”
Politely say:
“I do not consent to a search.”
Even if you have nothing to hide, you do not benefit from allowing a search. Giving consent waives your Fourth Amendment rights, and anything found—even unrelated to DUI—could result in additional charges.
If You Are Arrested, Remain Silent and Request a Lawyer
If you’re arrested, do not resist or argue. You have the right to remain silent and the right to legal representation. Say:
“I wish to remain silent. I would like to speak to an attorney.”
Do not explain yourself. Do not try to talk your way out of the arrest. The time for defending yourself comes later—with an experienced DUI attorney by your side.
Anything you say can and will be used against you.
Post-Arrest: What Happens Next
Following arrest, you may be taken to the police station for testing. Afterward, you may be released with a citation and ordered to appear in court. The clock starts ticking on your ability to challenge the license suspension, so contact a lawyer immediately.
You generally have 14 days to request an administrative hearing with the Kansas Department of Revenue to contest your license suspension. If you miss this deadline, your license will be automatically suspended.
A knowledgeable attorney can file this request on your behalf, preserving your driving privileges while your case proceeds.
Call Bill Cummings LLC For a Free Consultation
A DUI conviction in Kansas can have significant and lasting consequences, but with the right strategies and legal representation, you can mitigate these impacts. Bill Cummings LLC is committed to helping you navigate the complexities of DUI defense and protect your future.
Contact us at (316) 264-1548 for legal assistance and ensure that you have a dedicated advocate on your side. From the moment you’re pulled over to the final outcome of your case, we’re here to protect your rights and help you move forward.