State v. Ryce
Annotate this CaseDefendant was arrested for suspicion of driving under the influence and transported to the county jail, where he refused to submit to a death test. The State charged Defendant with refusing to submit to testing for the presence of alcohol or drugs, in violation of Kan. Stat. Ann. 8-1025(a). The district court dismissed the section 8-1025 charge, concluding that it is unconstitutional to criminalize a defendant’s refusal to submit to a chemical test for alcohol. The Supreme Court affirmed, holding that section 8-1025 does not withstand strict scrutiny by being narrowly tailored to serve the State’s interests and therefore violates the Fourth and Fourteenth Amendments and section 15 of the Kansas Constitution Bill of Rights.
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