Shrader v. Kansas Department of Revenue
290 P.3d 549
| Kan. | 2012Background
- Shrader appeals a KDOR driving-privilege suspension for refusing a breath test under K.S.A. 2007 Supp. 8-1014(a).
- Officer Burmaster stopped Shrader for a left-turn violation while Shrader was driving with a suspended license.
- Shrader refused the evidentiary breath test after being read implied-consent advisories at the station.
- A district court affirmed the suspension relying on Counseller’s interpretation of 8-1001(b)(1).
- The Court of Appeals Shrader panel reinstated Shrader, holding that 8-1001(b)(1) requires an arrest for an alcohol-related driving offense, not merely any vehicle-offense arrest.
- This Court grants review to resolve the split and holds that 8-1001(b)(1) requires an arrest for an alcohol-related driving offense; Shrader’s arrest for driving on a suspended license did not authorize the breath-test request; Counseller is overruled; the district court’s judgment is reversed and Shrader’s license is reinstated.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does 8-1001(b)(1) require an arrest for an alcohol-related driving offense to authorize a breath test? | Shrader (counsel) argues Counseller correctly allowed any arrest for a vehicle offense to suffice. | KDOR argues the Counseller interpretation is correct and that an arrest for any vehicle operation offense suffices. | Yes, the statute requires an alcohol-related driving-offense arrest; not met here. |
Key Cases Cited
- Counseller v. Kansas Dept. of Revenue, 22 Kan. App. 2d 155 (1996) (interprets 8-1001(b)(1) and allows arrest for any vehicle-offense to authorize breath test request (overruled))
- Shrader v. Kansas Dept. of Revenue, 45 Kan. App. 2d 216 (2011) (rejects Counseller view; requires alcohol-related driving-offense arrest to authorize testing; reinstates Shrader)
- Hopkins v. State, 295 Kan. 579 (2012) (statutory-interpretation standard governing review of lower-court constructions)