State v. Edgar
Annotate this CaseAfter a bench trial, Defendant was convicted of driving under the influence (DUI). Defendant appealed the denial of his suppression motion. The court of appeals affirmed. At issue before the Supreme Court was (1) whether a driver's favorable results from field sobriety tests administered prior to a request for a preliminary breath test (PBT) dissipate the reasonable suspicion statutorily required to support a request for a PBT, and (2) whether the investigating officer in this case substantially complied with Kan. Stat. Ann. 8-1012(c), which requires oral notice that refusal to take a PBT is a traffic infraction, when the officer incorrectly told Defendant he had not right to refuse the PBT. The Supreme Court reversed, holding (1) sobriety tests administered prior to a PBT request are part of the totality of circumstances examined by a court when determining whether there was reasonable suspicion to support the PBT request under section 8-1012(c); and (2) the officer in this case failed to comply with the notice requirements in section 8-1012(c) by incorrectly informing Defendant that he had no right to refuse the PBT. Remanded.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.