Allen v. Kansas Dep’t of Revenue

A highway patrol trooper stopped Daniel Allen's vehicle for traffic infractions and noticed that Allen exhibited clues of intoxication. Allen agreed to a preliminary breath test (PBT) as authorized by Kan. Stat. Ann. 8-1012, then failed the test. Allen was arrested and later failed an evidentiary breath test. After an administrative hearing, the Department of Revenue issued an administrative order suspending Allen's driving privileges. On review, the district court reversed, holding (1) section 8-1012 was unconstitutional, both as applied in this case and on its face, and (2) there were no reasonable grounds for the trooper to administer an evidentiary breath test absent the PBT result. On appeal, the Supreme Court reversed the judgment of the district court, holding the district court erred in ruling there were no reasonable grounds to require an evidentiary breath test absent the result of the PBT. As the trooper possessed reasonable grounds for requesting the breath test even without the PBT, the Court did not address Allen's constitutional challenge to section 8-1012. Remanded. View "Allen v. Kansas Dep't of Revenue" on Justia Law