Getting stopped by law enforcement for suspicion of DUI in Kansas can be a stressful, intimidating, and life-altering experience. The steps you take during and after a DUI stop can significantly affect the outcome of your case. As a Kansas DUI defense attorney, I’ve seen how mistakes during a stop lead to unnecessarily harsh consequences—and how the right legal steps can help protect your rights and future.
Stay Calm and Compliant, But Know Your Rights
The first thing to remember when you see flashing lights in your rearview mirror is to remain calm. Pull over safely and promptly. Keep your hands visible—preferably on the steering wheel—and avoid any sudden movements.
When the officer approaches your vehicle, they will likely ask for your driver’s license, registration, and proof of insurance. Provide these documents without argument. However, if the officer begins asking questions beyond this—such as “Have you been drinking tonight?”—you are not legally obligated to answer. You have the right to remain silent and the right to request an attorney.
Do not lie. Simply stating, “I’d prefer not to answer any questions without legal counsel,” is both respectful and legally protective.
Field Sobriety Tests Are Voluntary in Kansas
Most people don’t realize that standardized field sobriety tests (SFSTs)—like walking heel-to-toe in a straight line or following a pen with your eyes—are not mandatory in Kansas. These tests are subjective and often used to build probable cause for arrest. You are allowed to respectfully decline.
However, refusing may lead the officer to rely on other observations (such as the smell of alcohol or slurred speech) to justify an arrest. Still, your refusal can prevent further evidence being gathered against you.
Understand Kansas Implied Consent Law
Kansas operates under an “implied consent” statute, meaning that if you are lawfully arrested for DUI, you are required to submit to a chemical test (usually breath, blood, or urine) to determine your BAC (blood alcohol content). Refusing the chemical test after arrest can result in:
- A one-year license suspension
- Installation of an ignition interlock device
- Additional penalties under K.S.A. § 8-1001
However, if the officer did not have lawful grounds for the arrest, this can be challenged later in court with the help of an experienced DUI lawyer.
Avoid Making Incriminating Statements
It is natural to want to explain yourself or try to talk your way out of the situation. But any statement you make—even seemingly harmless comments—can be used against you. Statements like “I only had two beers” or “I’m just tired” are routinely cited by prosecutors.
Exercise your right to remain silent once your basic information is given. If you are arrested, ask for an attorney immediately and do not answer further questions.
Contact a DUI Attorney Immediately
After the stop, whether or not you were arrested, contact a Kansas DUI attorney as soon as possible. Time is critical. You only have 14 days to request an administrative hearing to contest the suspension of your driver’s license. Missing this deadline could mean an automatic suspension, even if your criminal charges are later reduced or dismissed.
A skilled defense attorney will also begin gathering evidence right away, such as dashcam footage, officer body camera recordings, and breathalyzer maintenance logs—all of which can play a critical role in challenging the legality of your stop and the accuracy of the evidence against you.
How to Handle Yourself During a DUI Arrest in Kansas
Being arrested for DUI in Kansas is not the end of the road—it’s the beginning of your legal defense. Knowing how to behave during and after your arrest can influence the outcome of your case and may even provide the foundation for challenging the charges against you.
Do Not Resist, Even If You Believe the Arrest is Unjust
If an officer places you under arrest for DUI, do not resist. Even verbal resistance can escalate the situation or result in additional charges such as resisting arrest or obstruction. Let the arrest happen without argument.
Anything you do or say during this time will be recorded or documented and may be used against you. Remember: your goal is to build a strong defense later—not fight the case on the street.
Ask for Legal Representation
Once under arrest, you have the right to an attorney. Politely state that you wish to speak with legal counsel and decline to answer any further questions. If you are unsure about any procedure—such as whether to submit to a chemical test—consulting a lawyer before making a decision can be crucial.
In most cases, law enforcement will try to question you both before and after administering tests. Do not fall into the trap of “just having a conversation.” All DUI interrogations are designed to elicit admissions of guilt.
Be Mindful of Jail Conduct
If you are taken to jail, be cautious about conversations with cellmates or phone calls. Jail calls are often recorded. Do not talk about the case, your alcohol consumption, or try to coordinate stories with others. Anything you say on these calls could be obtained and used by prosecutors.
Retain All Documentation
After your release—either on bond or own recognizance—you will be given several documents, including a Notice of Suspension and a date for your first court appearance. These documents are essential.
Bring them to your DUI attorney at your first consultation. They help guide strategy, prepare timely motions, and ensure no procedural deadlines are missed.
Act Quickly to Protect Your License
Kansas law allows you only 14 calendar days to request an administrative hearing to challenge the suspension of your driver’s license. If you fail to act in time, you may lose your license for months, even if your criminal case later ends in dismissal.
A DUI defense attorney can request this hearing and fight for your ability to drive—often with a restricted license and interlock device, if necessary.
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.