Los Angeles Criminal Defense Attorney BlogPublished on:
Mandatory Drug Tests for DUI Arrests? Another Law Bites The Dust
Kansas has joined the list of states where courts have ruled against laws requiring suspected DUI drivers to take a breathalyzer or blood test without police first getting a warrant. A similar decision by a California court would undoubtedly impact many of the cases against drivers arrested for a DUI in Los Angeles.
The Kansas State Legislature passed a law in 2012 making refusing to take a blood or breath test after a DUI arrest an offense separate from the DUI itself. The penalties for breaking that law were steep: a one-year license suspension plus two years of driving with an ignition interlock device. But in the ruling announced on February 26th, the Kansas Supreme Court found that law was unconstitutional.