State v. Wilson
Annotate this CaseDefendant was arrested under suspicion of driving while under the influence and taken to a law enforcement center. Defendant refused to provide a breath sample for testing, so a law enforcement officer applied for and received a warrant to search Defendant’s blood. Defendant was subsequently charged with refusing to submit to testing under Kan. Stat. Ann. 8-1025, among other offenses. Defendant appealed, challenging the constitutionality of section 8-1025. The district court dismissed the charge against Defendant that alleged a violation of section 8-1025, finding that the statute violated Defendant’s due process rights and violated the Fifth Amendment privilege against compelled self-incrimination. The Supreme Court affirmed, holding that the holdings in State v. Ryce, which stated that section 8-1025 violates the Due Process Clause of the Fourteenth Amendment and is facially unconstitutional, are equally applicable to Defendant and resolve his case.
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