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Kansas Statutes Annotated

K.S.A. § 8-1025 (2026)

✓ current as of May 2026
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8-1025.

History: L. 2012, ch. 172, § 2; L. 2013, ch. 122, § 5; L. 2015, ch. 56, § 3; L. 2018, ch. 7, § 6; Repealed, L. 2019, ch. 13, § 5; April 18.

Notes of Decisions
Cited in 38 cases (7 in the last 5 years), 2014–2025 · leading case: State v. Ryce, 368 P.3d 342 (Kan. 2016).
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State v. Ryce, 368 P.3d 342 (Kan. 2016). · cites it 31× “The ultimate question is whether, when a driver exercises the constitutional right to withdraw consent, Kansas may criminally punish the individual for this choice under the criminal refusal statute, K.S.A. 2014 Supp. 8-1025. We conclude it cannot.”
State v. Robinson, 410 P.3d 923 (Kan. Ct. App. 2017). · cites it 24× “: *209 Michael Anthony Robinson appeals his convictions and sentences for refusal to submit to testing in violation of K.S.A. 2016 Supp. 8-1025, refusal to submit to a preliminary breath test (PBT) in violation of K.”
State v. Nece, 367 P.3d 1260 (Kan. 2016). · cites it 6× “3d 342 (2016), we discussed K.S.A. 2014 Supp. 8-1025, which provides for the separate crime of refusal to submit that was referenced by law enforcement s advisory warning, and held that 8-1025 is facially unconstitutional.”
State v. Schmidt, 385 P.3d 936 (Kan. Ct. App. 2016). · cites it 5× “In Nece , the court held that a driver s consent to a breath test premised on the threat of criminal prosecution for test refusal “was unduly coerced because, contrary to the informed consent advisory, the State could not have constitutionally imposed criminal penalties if [the…”
State v. Perkins, 449 P.3d 756 (Kan. 2019). · cites it 6× “In this case, a law enforcement officer's reliance on K.S.A. 2012 Supp. 8-1025 was reasonable because the officer could not have reasonably been expected to have known that the statute would later be found unconstitutional and the officer followed the law as it existed at the…”
State v. Kraemer, 371 P.3d 954 (Kan. Ct. App. 2016). · cites it 8× “8-1001(k) (l)-(4); see K.S.A. 2015 Supp. 8-1025. *695 In this case, Constantino gave Kraemer a written copy of the required implied consent advisory in effect at the time, which stated—among other things—that if a person refuses to submit to testing and other prerequisites are…”
– State v. Smith –, 456 P.3d 1004 (Kan. 2020). · cites it 3× “FACTS AND PROCEDURAL HISTORY In May 2014, in case 14CR1298 and in connection with events that occurred in September 2013, the State charged Smith with refusing to submit to a test to determine the presence of alcohol or drugs in violation of K.S.A. 2013 Supp. 8-1025, driving…”
State v. Heim, 475 P.3d 1248 (Kan. 2020). · cites it 11× “Opinion filed November 20, 2020. Judgment of the Court of Appeals affirming the district court is affirmed.”
City of Kingman v. Ary, 475 P.3d 1240 (Kan. 2020). · cites it 11× “Opinion filed November 20, 2020. Judgment of the Court of Appeals affirming the district court is affirmed.”
State v. Perkins, 415 P.3d 460 (Kan. Ct. App. 2018). · cites it 10× “But, along with that law, K.S.A. 2016 Supp. 8-1025 made it a crime for a person to withdraw that implied consent by refusing the test.”
State v. Williams, 416 P.3d 1024 (Kan. Ct. App. 2018). · cites it 8× “Williams also asserts that he was improperly convicted of refusing to take a breath test under K.S.A. 2012 Supp. 8-1025, which was found to be unconstitutional by the Kansas Supreme Court.”
State v. Mburu, 346 P.3d 1086 (Kan. Ct. App. 2015). · cites it 5× “In this case, the State charged Mburu with one count of refusing to submit to alcohol or drug testing under K.S.A. 2013 Supp. 8-1025. One of the requirements to convict a defendant of refusing to submit to testing is that the defendant either (1) has previously refused to take a…”
Show all 38 citing cases →
— K.S.A. § 8-1025(a) — 2 cases
State v. Mburu, 346 P.3d 1086 (Kan. Ct. App. 2015). “In this case, the State charged Mburu with one count of refusing to submit to alcohol or drug testing under K.S.A. 2013 Supp. 8-1025. One of the requirements to convict a defendant of refusing to submit to testing is that the defendant either (1) has previously refused to take a…”
State v. Ryce (Kan. 2017).
— K.S.A. § 8-1025(a)(2) — 1 case
State v. Mburu, 346 P.3d 1086 (Kan. Ct. App. 2015). “In this case, the State charged Mburu with one count of refusing to submit to alcohol or drug testing under K.S.A. 2013 Supp. 8-1025. One of the requirements to convict a defendant of refusing to submit to testing is that the defendant either (1) has previously refused to take a…”
— K.S.A. § 8-1025(b) — 1 case
State v. Ryce, 368 P.3d 342 (Kan. 2016). “The ultimate question is whether, when a driver exercises the constitutional right to withdraw consent, Kansas may criminally punish the individual for this choice under the criminal refusal statute, K.S.A. 2014 Supp. 8-1025. We conclude it cannot.”
— K.S.A. § 8-1025(b)(1)(D) — 1 case
State v. Ryce, 368 P.3d 342 (Kan. 2016). “The ultimate question is whether, when a driver exercises the constitutional right to withdraw consent, Kansas may criminally punish the individual for this choice under the criminal refusal statute, K.S.A. 2014 Supp. 8-1025. We conclude it cannot.”
— K.S.A. § 8-1025(b)(l)(A) — 1 case
State v. Ryce, 368 P.3d 342 (Kan. 2016). “The ultimate question is whether, when a driver exercises the constitutional right to withdraw consent, Kansas may criminally punish the individual for this choice under the criminal refusal statute, K.S.A. 2014 Supp. 8-1025. We conclude it cannot.”
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