Drunken drivers this weekend will no longer be able to get around the law by refusing to take a breath test.
Law enforcement officers will join with prosecutors and judges in an effort this weekend that will allow a blood test of suspected drunken or impaired drivers who refuse a breath test.
Wyandotte and Johnson counties are part of that effort, and the target dates are Aug. 19 and 20, according to a spokesman for the Kansas Department of Transportation.
According to a spokesman for the Wyandotte County district attorney’s office, three assistant district attorneys in Wyandotte County will be involved in this effort, along with the Wyandotte County Sheriff’s Office and the Kansas City, Kansas, Police Department.
Dubbed the “No Refusal Weekend,” this will be a coordinated effort of law enforcement officers, prosecutors and judges, according to the KDOT spokesman.
If a suspected impaired driver is stopped in a check lane, goes through a field test and refuses to take a breath test, the officer may work with a prosecutor and judge to get a signed search warrant, then take the offender to a hospital to get blood drawn to find out the level of intoxication, according to the KDOT spokesman. Typically, a judge may sign an electronic search warrant if officers suspect the driver is impaired.
A blood alcohol concentration of .08 grams per deciliter or higher is considered legally impaired, the KDOT spokesman said. Some impaired drivers have refused a breath test in the past to reduce or avoid criminal sanctions.
“Alcohol and driving don’t mix,” Attorney General Derek Schmidt said in a news release on Thursday. “Impaired driving is no accident—nor is it a victimless crime. The No Refusal Weekend brings prosecutors and law enforcement together to combat this danger on our roadways.
The Kansas attorney general’s office and the Kansas Department of Transportation are participating in the program.
According to Chris Bortz, a KDOT spokesman, impaired drivers account for about 25 to 30 percent of highway deaths every year in Kansas, which adds to about 100. In addition, there are 1,200 to 1,300 persons injured each year by drunken drivers, he said.
“They’re not only impacting themselves, but everyone else on the road,” he said.
Some of the costs of the “No Refusal Weekend” as part of the “You Drink. You Drive. You Lose.” campaign are from a grant through the National Highway Traffic Safety Administration, he added.