Hillsboro, KS asked in DUI / DWI for Kansas

Q: Can you be arrested weeks after refusing any testing for Dui in Kansas?

My friend wrecked her car and was taken to hospital by ambulance. Officer came to the hospital to test her for alcohol and she refused. He made sure she understood about losing license and gave her the pink paper He never wrote her a ticket or put her under arrest now she’s hearing she’s going to be charged with dui and it’s been several weeks. She was only in the er for about an hour. Can she be charged and ticketed

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2 Lawyer Answers
Randy Bryan Ligh
Randy Bryan Ligh
  • Criminal Law Lawyer
  • Baton Rouge, LA

A: Yes---perhaps the law enforcement officer's investigation is only just concluding so until he concludes it, he is not in position to issue a ticket. Please remember, a ticket is only an accusation and the prosecutor would still have to prove beyond a reasonable doubt each and every element of the charge---you would best be served to contact a few DWI or criminal defense attorneys in your area and discuss the specifics of your matter with them, in confidence.

Brian Leininger
Brian Leininger
  • DUI & DWI Lawyer
  • Overland Park, KS
  • Licensed in Kansas

A: Yes, it is pretty common for the charges to come later when the driver has gone to the hospital. Sometimes blood or urine is obtained at the hospital and sent to the lab for testing. In that case it can be months before the case is charged. Even if there is no blood or urine the officers can take time to complete their investigation and file charges later.

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