Updated on November 27, 2022
Every Breath(alyzer) You Take…Ask for an Attorney
Drew Elizabeth Davis, Staff Editor
Kansas Court of Appeals holds and officer must honor an individual’s request for counsel before the breathalyzer test is administered. If the officer disregards the request, the breathalyzer results must be suppressed at trial.
Posted on October 24, 2022
Admissibility of Breath Tests: Must an Intoxilyzer 9000 Operator Check a Subject’s Mouth?
Hayley Koontz, Staff Editor
The Kansas Court of Appeals affirms updated regulations do not require the breath test operator to check a the subjects mouth for the breath test to be admissible as evidence.
Updated on June 2, 2020
Warrantless Blood Test Requires a Remand
State v. Chavez-Majors, No. 115,286 (Kan. Dec. 20, 2019). Issue: Was there probable cause to administer a warrantless blood test on an unconscious driver suspect of a drunk-driving offense? Answer: Yes, there was probable cause to administer a warrantless blood test …