Dumler v. Kan. Dep’t of RevenueAnnotate this Case
Robert Dumler was arrested for driving under the influence and transported to the sheriff’s office. On several occasions before a breath alcohol test was administered Dumler requested that he be permitted to confer with an attorney. The requesting officer never gave Dumler an opportunity to confer with an attorney, and Dumler did not repeat his request for an attorney after he failed his breath test. The suspension of Dumler’s driving privileges was upheld in administrative proceedings. Dumler petitioned the district court for review, arguing that his statutory right to counsel was violated. The district court denied relief. The court of appeals affirmed, concluding that because Dumler did not ask to consult with an attorney after he failed to breath test, he had not invoked his statutory right to an attorney and, therefore, that right was not violated. The Supreme Court remanded with directions, holding (1) the district court applied an incorrect legal standard on the question of whether Dumler’s post-testing right to counsel was violated, and therefore, a remand was required; and (2) suppression of the alcohol testing result is the appropriate remedy for the denial of a driver’s statutory right to counsel. Remanded.