24Jan 2018

Kansas Declares PBT Refusal Crime Unconstitutional

Last month, in Kansas, the Kansas Court of Appeals ruled that refusing to take a PBT (preliminary breath test, the handheld breathalyzer police use) cannot be considered a crime. The reason why it cannot be considered a crime? The crime is unconstitutional.

The logic behind the ruling is clear. Our Fourth Amendment rights protect us from from searches. We all have the right to refuse a search, unless there is a court order. The Kansas Court of Appeals determined that this also applies to handheld breathalyzer tests out in the field.

What does this mean for the State of Vermont? Nothing, at the moment, but it could be a question that comes up before our state judiciary. We will be watching. If you live in Burlington, Essex, Colchester, Winooski, Williston, Shelburne or anywhere in the State of Vermont, and have been arrested or charged with DUI or any crime, call Handy Law for aggressive and experienced legal defense.