Summary
The Kansas Supreme Court reviewed a one-year driver's license suspension imposed under the Kansas Implied Consent Law. The court held that the requested breath test was not completed because Drake willfully failed to blow into the device, so his statutory rights to consult an attorney and obtain independent testing were not triggered, and it affirmed the suspension.
Court
Supreme Court of Kansas
Jurisdiction
Kansas
Decision date
October 19, 2001
Docket number
No. 85,705
Disposition
affirmed
Questions Presented
- Whether Drake's failure to provide a sufficient breath sample constituted a refusal to submit to the requested breath test.
- Whether a person who submits to a breath test but provides an inadequate sample retains the statutory rights to consult an attorney and obtain independent testing under K.S.A. 2000 Supp. 8-1001(f)(1)(J) and K.S.A. 8-1004.
- Whether the district court improperly considered the Intoxilyzer's deficient-sample reading as evidence that Drake did not blow into the machine, and whether that error required reversal.
- Whether the district court correctly upheld the one-year suspension.
Holdings
- A person who submits to the requested breath test but provides an inadequate breath sample has not automatically refused testing and retains the statutory right to obtain independent testing and consult an attorney.
- A person who willfully fails to blow into the breath-testing device and therefore fails to complete the requested test has refused testing; the statutory rights to consult an attorney and obtain independent testing are not triggered.
- Although the district court erred under K.S.A. 8-1004 by considering the Intoxilyzer test result as competent evidence after Drake was denied additional testing, the error was harmless because other evidence supported the finding that Drake willfully failed to blow into the machine.
Court Document
Open PDFLoading document…