Allen v. Kansas Department of Revenue, 256 P.3d 845

Kansas Department of Revenue suspended Daniel Allen, II's driving privileges after a breath test-based proceeding.
Allen, age 20, was pulled over for multiple traffic violations and admitted drinking; he provided field sobriety tests showing several failed indicators.
Trooper Walker administered a preliminary breath test (PBT) after a 15-minute waiting period; Allen reportedly failed with a .087 result.
District court ruled that 8-1012 was unconstitutional and that the PBT data could not support reasonable grounds to request an evidentiary breath test.
The Department appealed, asking the Supreme Court to reverse the district court on reasonable grounds and address the constitutionality of 8-1012.
The issues focus on whether reasonable grounds existed absent PBT results and on the facial/as-applied constitutionality of 8-1012.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Reasonable grounds absent PBT results	Allen, Smith: Trooper lacked probable cause without PBT	Allen: totality of circumstances insufficient without PBT	Yes, Trooper had reasonable grounds without PBT
Constitutionality of K.S.A. 2007 Supp. 8-1012	Allen argues 8-1012 unconstitutional on its face and as applied	DOR argues statute constitutional and applicable	Need not reach constitutional issue

Smith v. Kansas Dept. of Revenue, 291 Kan. 510 (2010) (reasonable grounds evaluated under totality of circumstances; deference to district findings in Smith)
Bruch v. Kansas Dept. of Revenue, 282 Kan. 764 (1999) (probable cause standards inform reasonable grounds; totality of circumstances)
Wilson v. Sebelius, 276 Kan. 87 (2003) (use of probable cause standards in evaluating reasonable grounds)
State v. Hill, 281 Kan. 136 (2006) (totality of the circumstances; standard for probable cause)
State v. McGinnis, 290 Kan. 547 (2010) (reinforces totality of circumstances approach in DUI context)
State v. Jones, 279 Kan. 71 (2005) (reasonable grounds/probable cause standards in DUI testing)