test refusal

april 30th I was pulled over and the police officer asked if Ive been drinking, I answer yes and was asked if I wanted to take a breath analyzer test which I agreed.The result was almost three times the maximum .21o. I had hearing date in july16, there was the police officer telling the driver control bureau administrator that I kept air in my cheeks,and I got my driver license suspended for a year. my attorney could not be with me at the hearing.I have a deversion,have finished the alchol information class, and I have been traying to get restricted license just to get to work and back, but that is even no change to get.What is the different on test refusal or test failure. The reason I got pulled over was that somebody called in.Here is a litle story about me and this police officer: two months before this happend I got a call from this police officer, I was separated from my wife,she had my car which had bad brakes and I took out the starter relay because I did not want here to drive the car like it was.she called the police and that is when I got the call from this officer.Im from europe and was maby not as courteous as american, I told her(police officer is a women) it was not of her business this was a civil matter: what she than sad was: you better be nice to me or**************? best regards E.G

I only know Kansas law, please say what state you are from. When you mention diversion you sound like Kansas, when you mention that you took a breath test and got your license suspended for a year then I would guess that you are not from Kansas. Please verify where you are from so that I or someone else can answer your question. I will look at your post again tomorrow to see if I can help you with your question.

Yes Im from kansas, what I can not understand is how I can be suspended on test refusal when the test analyzer showed .232. I had a hearing and the police officer was there telling the administrator that I kept air in my cheeks, like I had some seporator in there. well I know this police officer dont like me and just did what he wanted to do.Do you know if I can ride a moped?

[I AM ALWAYS LIABLE]

Originally posted by eligud
Do you know if I can ride a moped?

My response:

Yes, but only if you ride it straight back to Europe.

I think you've stayed here far too long, don't you ?

IAAL

Kansas mmmm. I thought so. but now I am also confused. According to Kansas law this has to be your 1st D.U.I. if you have diversion. You state that the officer told the driver control person that you held air in your cheeks. The fact still remains that you did take a test and you did fail it, I don't care if you blew a .08 or a .40. Now if you had passed the test under these circumstances I could see it. According to Kansas law if you are 21 yrs or older and refuse a test then your license is suspended for a year. If you take a test and fail it your license is suspended for 30 days and restricted for 330 days if it is your first D.U.I. or suspended for 1 year if it is your 2nd or subsequent D.U.I. When you got your D.U.I. you should have received a pink slip of paper that states what test you took the results of the test and the reason for arrest. in fact you had to send in the bottom of this sheet to driver control to get a driving hearing. If I was you I would call up the division of motor vehicles tell them your situation and find out what is going on. Also you can appeal the decision of the hearing, to do this you might need an attorney that will show up. It might also be necessary to fax a copy of your pink slip to the division of motor vehicles, with an explanation of your situation, (I have the fax number if you need it). As far as I can tell the only way your license could have been suspended for a year under these circumstances is if there was a big mistake or if you are under 21 years of age.

Please let me know if I can help you at all.

Bini

PS. If you try to e-mail me I will not get it. I had to change my e-mail address and this forum still uses my old one so I do not receive any of the messages.

Good Luck to you!!!

P.S.S You use to be able to ride a moped after a D.U.I. in Kansas years back but I don't believe that is the case anymore.