Shrader v. Dep't of Revenue
Annotate this CaseAppellant was arrested for driving on a suspended license. Upon the arresting officer's request, Appellant refused to take a breath test. The Kansas Department of Revenue (KDOR) subsequently suspended Appellant's driving privileges for one year under Kan. Stat. Ann. 8-1014(a). The district court affirmed the administrative suspension, relying upon State v. Counseller in its decision. The court of appeals reversed and reinstated Appellant's driving privileges. The Supreme Court affirmed, holding (1) the arresting officer's authority to request Appellant to take the breath test depended upon an arrest for an alcohol-related driving offense, rather than simply an arrest for any offense involving operation of a motor vehicle; (2) Appellant's refusal to take a breath test the officer had no statutory authority to request could not be the basis for suspending his driving privileges under section 8-1014(a); and (3) therefore, Counseller was reversed, and Appellant's driving privileges reinstated.
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