Chemical Testing & Implied Consent
A person who operates or attempts to operate a vessel in Kansas is deemed to have consented to certain alcohol or drug testing when the statutory conditions apply. An officer may request testing after developing reasonable grounds to believe the person was under the influence and making an arrest, taking the person into custody, or investigating a qualifying accident or collision.
Kansas Department of Wildlife and Parks officers conduct boating-safety checks and enforcement on Kansas waters. We may review why the officer acted, whether the testing request complied with legal requirements, and how any sample was collected and handled. We also compare sobriety observations with recordings, witness accounts, and the sequence of events. Because refusing a requested test can affect boating privileges, the circumstances surrounding a refusal require careful review.
Penalties for Boating Under the Influence in Kansas
A violation is generally classified as a misdemeanor under the Kansas boating statute. A first conviction may carry up to one year of imprisonment, a fine of $100 to $500, or both. A second or subsequent conviction may carry 90 days to one year of imprisonment and a fine of $100 to $500 at the court’s discretion. A person convicted must also satisfactorily complete an approved boater safety education course before again operating or attempting to operate a vessel.
For certain people under 21 whose test result is at least 0.02 but below 0.08, boating privileges may be suspended for 30 days after a first occurrence and 90 days after a later occurrence. These consequences don’t automatically mean that a driver’s license will be affected. Motor-vehicle DUI and BUI charges arise under different legal frameworks, so each allegation must be evaluated separately.
Potential consequences may depend on:
- The person’s age and prior record
- The alleged alcohol concentration or evidence of drug impairment
- Whether an accident or collision occurred
- The circumstances of testing or refusal
- The charge filed and ultimate case resolution
How We Evaluate a Kansas BUI Case
Our assessment begins with the client’s account and the available investigative records. We consider whether the state can prove operation or attempted operation, whether observations support impairment, and whether chemical testing followed applicable requirements. If an accident occurred, we also examine how it influenced the investigation and the evidence collected afterward.
The defense strategy may involve challenging evidence, negotiating with the prosecution, pursuing an appropriate resolution, or preparing for trial. The right approach depends on the facts, procedural history, available defenses, and client objectives. We explain the options clearly and provide updates throughout the case.
Trial Lawyers Focused on Kansas Criminal Defense
Robert C. Gigstad founded our firm, and Josh Zarse previously served as a prosecutor. Both are trial lawyers. Our practice focuses on criminal defense and DUI matters in Kansas.
Our professional memberships include the National College for DUI Defense, Kansas Association of Criminal Defense Lawyers, National Association of Criminal Defense Lawyers, and several state and local bar associations. We’re also Avvo rated for professionalism and skill. Clients receive prompt communication, transparent updates, and clear explanations of the legal process.
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What Our Clients SayOur clients share their stories about what happened and how we helped.
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About Our AttorneysWe're here to protect your legal rights and defend your future.
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Our FAQ'sYou Are Probably Asking Yourself Some Questions
Testimonials
Client-Centered Legal Representation
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"Mr. Gigstad Was Able to Take Care of Everything. He Was Great at Explaining Everything to Me, and Keeping Me Informed"javascript:void('Save')Jeff
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"Robert Was Extremely Helpful and Efficient in the Way He Handled My Case"Robert was extremely helpful and efficient in the way he handled my case. Due to his hardwork and persistence he was able to get my DUI dismissed and I was only charged with a traffic violation. I highly recommend his services to anyone. BillyBilly
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"He will get the job done..."Robert done a great job with my speeding ticket situation. Was very upfront and honest with cost and what I would need to do to get the ticket handle. I would recommend him for any legal issues. He will get the job done...Happy Client
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"Amazing since day one!"You and your team have been amazing since day one; I cannot thank you enough for the 'smooth process' and keeping my mind at ease throughout.K.V.
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"Great to work with!"Mr. Gigstad was upfront and professional about what I would be facing from the very beginning. He worked to help me understand the situation and found the best available outcome for me, considering. I would hope if I ever need legal representation again I would be in the hands of someone as professional and experienced as Mr. Gigstad.Former Client
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"I Would Recommend Him to Anyone Facing a Bad Situation like I Had"Mr. Gigstad helped me with my DUI. Sadly this wasn't my first time in need of a lawyer, but I liked Mr. Gigstad a lot more than my previous lawyer. I would recommend him to anyone facing a bad situation like I had.Jarrod
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"He Was Successful in Attaining That Goal!"Mr. Gigstad was very upfront and accessible to us and performed his duties with a positive outcome for all parties. We had a game plan going into this venture and he was successful in attaining that goal. He represented both myself and my son and was very fair on his fees.Randy
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"Robert Gigstad Did a Great Job Helping Me out"This was the first time I needed legal advice. Robert Gigstad did a great job helping me out. He walked me through everything and was always available the entire time. I highly recommend Robert Gigstad.Tyler
What Prior Criminal Defense Results Can & Can’t Show
Our published criminal defense results include cases involving driver’s-license suspensions and a not-guilty result. These are general criminal defense outcomes, not boating under the influence results, and they don’t predict what will happen in a new case. We evaluate each client’s allegations, evidence, and objectives before determining whether to pursue a resolution through negotiation or trial.
Talk with Our Team About a Kansas BUI Charge
If you’ve been investigated, arrested, or charged, you can schedule a free initial consultation with Gigstad Law Office, LLC. We can discuss the allegation, your immediate concerns, the available records, and potential defense options.
Our review focuses on the facts of your case, the Kansas laws governing vessel operation, and the steps available to protect your rights.
Call (888) 387-2036 to request your free initial consultation.
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LICENCE NOT SUSPENDED A.H. V. KANSAS DEPARTMENT OF REVENUE
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LICENSE NOT SUSPENDED. A.M. V. KANSAS DEPARTMENT OF REVENUE
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DRIVER'S LICENSE NOT SUSPENDED. A.M. V. KANSAS DEPARTMENT OF REVENUE
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LICENSE SAVED B.B. V. KANSAS DEPARTMENT OF REVENUE
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NOT GUILITY C.C. V. M.B.