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Kansas Drunk Driving Case Law

Please find, below, selected case laws decided by Supreme Court of Kansas or Court of Appeals of Kansas where the terms dui, dwi, drunk driving, or driving under the influence has been mentioned. These cases are not necessarily criminal cases and may include cases where the facts or court decision merely mentions drunk driving related legal terms. You are not to rely on these cases as legal advice nor should you rely on them for accuracy. Please see Terms of Service.

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STATE v. LAWSON - 3/7/1997
The opinion of the court was delivered by This is an appeal by the State from the district court's dismissal of a complaint charging Timothy Doyle Lawson with driving on a suspended driver's license. The dismissal was based on...

STATE v. STRAND - 3/7/1997
The opinion of the court was delivered by Leslie Strand appeals her felony conviction under K.S.A. 1996 Supp. 8-1567(a)(2) for having an alcohol concentration greater than .08 within 2 hours of operating a vehicle, and the...

STATE v. ORDWAY - 3/7/1997
The opinion of the court was delivered by Kim Ordway asserted an insanity defense to charges of first-degree murder and theft in the deaths of his parents and the theft of their automobile. The jury found him guilty of two counts...

IN RE GRIBBLE - 3/7/1997
This is an original proceeding in discipline filed by the office of the Disciplinary Administrator against Stuart W. Gribble, of Wichita, an attorney licensed to practice law in the state of Kansas. While practicing law, Gribble served...

IN RE MARRIAGE OF HAMPSHIRE - 3/7/1997
The opinion of the court was delivered by This case originated as a default judgment in a civil domestic case in which a grant of divorce, an order of child custody, and an order to pay child support were entered against the...

STATE v. NUESSEN - 2/7/1997
Defendant is charged with driving under the influence of alcohol (DUI), possession of marijuana, and possession of drug paraphernalia. On the date defendant's trial was scheduled to begin, the trial court suppressed the testimony of...

STATE v. JOHNSON - 1/24/1997
The opinion of the court was delivered by The trial court dismissed driving while under the influence of alcohol or drugs and reckless driving charges against defendant, Daniel P. Johnson, on the basis of double jeopardy. The...

STATE v. AIKINS - 1/24/1997
The opinion of the court was delivered by This is a direct appeal by the defendant, Robert Aikins, from his convictions of aggravated robbery and felony murder. Aikins was sentenced to life in prison for felony murder and given a...

RUTSCHMAN v. KANSAS DEPT. OF REVENUE - 12/27/1996
In this appeal by the Kansas Department of Revenue (Department), the Department contends the district court misconstrued K.S.A. 40-3118(d) in ruling that Roger Rutschman was not required to have his insurer file proof of insurance with...

STATE v. WONDERS - 12/27/1996
Vernon Wonders appeals his convictions for possession of cocaine and possession of marijuana. Wonders raises three principal issues in this appeal: (1) whether the sheriff's deputy had an articulable suspicion that Wonders was involved...

FEHLHAFER v. STATE - 12/13/1996
The Kansas Department of Revenue (KDR) suspended the driving privileges of Alan Fehlhafer due to his second DUI conviction. Fehlhafer filed a chapter 60 suit to enjoin the suspension, alleging it violated his plea agreement. The trial...

STATE v. MASTERSON - 12/6/1996
The opinion of the court was delivered by This is a statutory interpretation case arising from defendant Donald Masterson's conviction, under K.S.A. 1995 Supp. 8-1567, of driving under the influence of alcohol (DUI). After a...

STATE v. HARLAN - 10/25/1996
The opinion of the court was delivered by William W. Harlin, Curtis Cox, and Gregory Chaney, inmates of Ellsworth Correctional Facility, violated prison rules and discipline was imposed in the form of disciplinary...

STATE v. DEWEY - 10/25/1996
The State brings this interlocutory appeal from the district court's order suppressing evidence from a blood alcohol test based on collateral estoppel. Tom Dewey was arrested on suspicion of driving under the influence on May 28,...

STATE v. CERNECH - 10/4/1996
Robert G. Cernech appeals his sentence for involuntary manslaughter, claiming that the district court initially pronounced a sentence of probation and later imposed a prison sentence. We affirm. The facts are as follows. Cernech...

STATE v. BUNKER - 7/12/1996
The opinion of the court was delivered by This is a statutory construction case arising from an arrest for driving under the influence of alcohol. The State appeals, under K.S.A. 22-3602(b)(3), reserving the question of whether...

STATE v. BROWN - 6/28/1996
Defendant was convicted of driving under the influence of alcohol (DUI) and driving left of center. He appeals from those convictions. We affirm. Defendant first argues that all of the evidence obtained from the stop of his...

STATE v. HOPPER - 5/31/1996
The opinion of the court was delivered by This is a reasonable suspicion traffic stop case arising from an early hour New Year's Day arrest. Defendant Joseph L. Hopper was charged with driving left of center, driving with a...

KIM v. KANSAS DEPT. OF REVENUE - 5/10/1996
The Kansas Department of Revenue (KDR) suspended Sung Bae Kim's driver's license for 1 year. KDR claimed that Kim had refused to submit to a blood alcohol test because he failed to furnish an adequate breath sample to the testing law...

CITY OF MANHATTAN v. HUNCOVSKY - 3/22/1996
The City of Manhattan (City) brings this interlocutory appeal of the district court's order suppressing the results of a breathalyzer test in a DUI prosecution. The test results had previously been found to be unreliable by an...

STATE v. COUNSELLER - 3/15/1996
The State brings this interlocutory appeal from the district court's ruling suppressing evidence from a breath test administered to the defendant, Douglas Counseller. Deputy John Schrock arrested Douglas Counseller for...

STATE v. FAVELA - 2/16/1996
The opinion of the court was delivered by This appeal involves both a downward durational departure and a dispositional departure following a plea of nolo contendere to a charge of attempted second-degree murder. The State...

STATE v. KNOFF - 2/16/1996
James Knoff appeals the district court's determination that he is a habitual violator as defined by K.S.A. 8-285. He contends he did not have three convictions within the required period, because he entered into a diversion agreement...

STATE v. BOYLE - 2/2/1996
Michael H. Boyle appeals his conviction for driving under the influence in violation of K.S.A. 8-1567. He argues the traffic citation was fatally defective, because it did not allege facts constituting a crime, as required by K.S.A....

STATE v. LaMUNYON - 1/26/1996
The opinion of the court was delivered by Defendant pleaded nolo contendere to one count of possession of marijuana with intent to sell and was sentenced to 3 to 10 years. After the Kansas Sentencing Guidelines Act (KSGA) became...

STATE v. ANDERSON - 1/26/1996
The opinion of the court was delivered by The driver and the owner/passenger of a Mercedes automobile were charged with a variety of drug offenses after the vehicle was searched following the arrest of the driver on an unrelated...

STATE v. MERTZ - 12/8/1995
The opinion of the court was delivered by This is an appeal by the State from the trial court's dismissal of criminal charges (driving while under the influence of alcohol in violation of K.S.A. 1994 Supp. 8-1567 ) on...

STATE v. BOST - 9/8/1995
The facts in this case are for the most part undisputed. However, the sequence and timing of events are critical for jurisdictional purposes. On September 20, 1993, Gary Bost was charged in Wyandotte County with one count of...

STATE v. LIKINS - 8/4/1995
Defendant Thomas L. Likins, Jr., appeals from his jury conviction of felony possession of marijuana, K.S.A. 65-4127b, and possession of drug paraphernalia, K.S.A. 65-4152. Defendant principally argues the district court erred...

STATE v. HEATH - 8/4/1995
The district court granted a downward dispositional departure in sentencing defendant Danny L. Heath. The State appeals. We find no reversible error and affirm the trial court. Heath drove a car involved in an accident in which...

PALETTA v. CITY OF TOPEKA - 7/31/1995
Petitioner, Shane L. Paletta, filed a petition for a writ of habeas corpus. The trial court dismissed the petition as being without merit. This appeal followed. Petitioner entered into a diversion agreement with the City of...

STATE v. DELACRUZ - 7/14/1995
The opinion of the court was delivered by This case involves the use of prior uncounseled misdemeanor convictions to establish a defendant's criminal history under the Kansas Sentencing Guidelines Act (KSGA). The questions raised...

STATE v. BINKLEY - 4/28/1995
Walter Binkley entered a plea of guilty to his third offense of driving while under the influence arising out of an incident that occurred on September 29, 1993. He appeals his sentence, arguing the trial court erred in imposing a...

CITY OF DODGE CITY v. DOWNING - 4/21/1995
The opinion of the court was delivered by The City of Dodge City (City) appeals from an order of the district court dismissing a criminal case against Gregory A. Downing on the grounds that the case was not brought to trial...

STATE v. WEBB - 4/7/1995
Having been convicted twice of driving while under the influence of alcohol (DUI) within the past five years, Richard Webb, Jr., pled no contest and was convicted for the third time of DUI. Instead of sentencing Webb under the Kansas...

STATE v. COOPER - 3/31/1995
Lonnie T. Cooper, defendant, appeals his jury conviction of theft, a class E felony, in violation of K.S.A. 21-3701, claiming the district court erred by excluding evidence of defendant's out-of-court statement that he was intoxicated...

IN RE J.L. - 3/10/1995
D.L.C. is the natural mother of J.L. and D.L. Her parental rights to these children were terminated by the trial court. She appeals from that decision. The facts on which the trial court based its severance of D.L.C.'s parental...

STATE v. MOUNTJOY - 3/10/1995
The opinion of the court was delivered by Defendants were charged with practicing the healing arts without a license under K.S.A. 65-2803, a class B misdemeanor. Following a jury trial, all three defendants were found...

STATE v. JONES - 8/26/1994
Gardner L. Jones, III, appeals his conviction of driving while under the influence (K.S.A. 1992 Supp. 8-1567). Jones raises two issues on appeal: (1) Whether the district court abused its discretion by denying his request for a...

STATE v. TUCKER - 8/5/1994
A vehicle being driven by the defendant, Joseph D. Tucker, was stopped by Reno County law enforcement officers to investigate a complaint of erratic driving. As a result of the stop, the defendant was charged with and convicted of...

STATE v. AREHART - 7/29/1994
Robert Arehart, defendant, appeals his conviction of driving while under the influence of alcohol, contending the trial court applied the wrong legal standard, erroneously took judicial notice, applied the wrong burden of proof, and...

STATE v. BRANSCUM - 7/8/1994
This case arises out of a car collision which caused the death of two people and the serious injury of a third person. The State charged Keith Branscum, defendant, with two counts of involuntary manslaughter and one count of aggravated...

STATE v. RATZLAFF - 7/8/1994
The opinion of the court was delivered by The defendant, David L. Ratzlaff, is charged with one count of possession of cocaine, K.S.A. 65-4127a; one count of possession of marijuana with intent to sell, K.S.A. 65-4127b; and one...

STATE v. GRANT - 6/10/1994
Shawn T. Grant directly appeals after his conviction of one count of forgery. On September 10, 1992, Grant was charged with one count of forgery and one count of obstruction of official duty. Grant was arrested for a traffic...

FURTHMYER v. KANSAS DEPT. OF REVENUE - 5/13/1994
Larry Furthmyer appeals the trial court's decision affirming the suspension of his driver's license for one year. Although several issues were raised below, on appeal he raises only one issue. He argues there must be a finding the...

IN RE M.M. - 5/13/1994
Dorothy, the natural mother of M.M., d/o/b 9-14-79, appeals the district court's severance of her parental rights under K.S.A. 38-1583. Dorothy argues that the trial court erred in its determination of her unfitness, that the trial...

SMITH v. PRINTUP - 12/30/1993
The opinion of the court was delivered by This appeal arises out of a punitive damage award in a wrongful death and survivor action. None of the issues involve the award of compensatory damages. The facts giving rise to the...

IN RE PISTOTNIK - 12/10/1993
This is an original proceeding in discipline filed by the Office of the Disciplinary Administrator against Bradley A. Pistotnik, an attorney admitted to the practice of law in Kansas. Two formal disciplinary complaints, case No. B5344...

STATE v. BRADFORD - 12/10/1993
The opinion of the court was delivered by This felony-murder case concerns the sufficiency of the evidence supporting a conviction of attempted aggravated robbery as the underlying felony and whether the trial court...

STATE v. JC SPORTS BAR - 10/29/1993
The opinion of the court was delivered by The State of Kansas appeals upon a question reserved from a decision of the district court in which the defendants, JC Sports Bar, Inc., and Jong S. Song, were each acquitted of one count...

CITY OF OVERLAND PARK v. CUNNINGHAM - 10/29/1993
The opinion of the court was delivered by This is an appeal by the City of Overland Park. The issue is whether the trial judge erred by refusing to admit into evidence the breath alcohol concentration (BAC) test results...

STATE v. MacDONALD - 7/9/1993
The opinion of the court was delivered by This traffic checklane search and seizure case is before us on an interlocutory appeal. James MacDonald was charged with possession of marijuana with intent to sell or distribute (K.S.A....

STATE v. KOLDE - 7/2/1993
This is an appeal by the defendant from his adjudication as a habitual violator. Upon review, we affirm. The trial court based its finding that the defendant was a habitual violator on three prior convictions for DUI within the...

SCHULZ v. KANSAS DEPT. OF REVENUE - 6/25/1993
REPORTER'S NOTE: Previously filed as an unpublished opinion, the Supreme Court granted a motion to publish by an order dated December 23, 1993, pursuant to Rule 7.04 (1993 Kan. Ct. R. Annot. 36). Appellee Stewart Schulz was...

STATE v. LARA - 6/4/1993
Joe Louis Lara, defendant, appeals his conviction and sentence imposed for driving while his license was suspended, in violation of K.S.A. 8-262. Defendant contends K.S.A. 8-1739(a), the statute that was the basis for the traffic stop,...

STATE v. YOUNG - 5/28/1993
The opinion of the court was delivered by This is a direct appeal by Bobby Young from his conviction by a jury of first-degree murder (K.S.A. 1992 Supp. 21-3401). He was convicted for the shooting death of his girlfriend, Carol...

CITY OF OVERLAND PARK v. TRAVIS - 5/28/1993
The opinion of the court was delivered by Defendant was charged by the City of Overland Park with driving: (1) when his breath alcohol concentration (BAC) was .10 or more; or (2) while he was under the influence of alcohol. The...

ANDERSON v. KANSAS DEPT. OF REVENUE - 5/28/1993
The Kansas Department of Revenue (KDR) (respondent-appellant) appeals from a district court's decision finding that KDR did not obtain personal service upon Clinton Anderson (petitioner-appellee). The district court found KDR to be...

CITY OF SALINA v. MARTIN - 4/30/1993
This is an interlocutory appeal by the City of Salina, Kansas, (City) from the decision of the trial court suppressing a blood alcohol test because the person drawing the blood was not authorized under K.S.A. 8-1001(c). The City...

STATE v. BARKER - 4/16/1993
The opinion of the court was delivered by This is an interlocutory appeal by the State from an order suppressing evidence seized in connection with a traffic checklane operation. We affirm the trial court's suppression of...

STATE v. PENDLETON - 3/26/1993
Aubrey J. Pendleton appeals his bench trial conviction of having a blood alcohol concentration of .10 or more within two hours of operating a motor vehicle in violation of K.S.A. 8-1567(a)(2). On October 12, 1991, Pendleton and a...

STATE v. FIELD - 3/5/1993
The opinion of the court was delivered by The State appeals the dismissal of a complaint charging Todd A. Field with driving while under the influence of alcohol or drugs. See K.S.A. 8-1567. The district court granted defendant's...

STATE v. DAY - 2/3/1993
The State appeals the dismissal of its petition alleging that Walter E. Day is a habitual violator. The facts are not in dispute. Each of the three convictions used to support the petition for habitual violator satisfies K.S.A....

STATE v. MARSHALL - 1/22/1993
The opinion of the court was delivered by This is an appeal by the State on a question reserved pursuant to K.S.A. 22-3602(b)(3). On November 3, 1991, Tyrone Marshall was stopped for speeding by a Kansas highway patrolman...

STATE v. LOVETT - 12/23/1992
The defendant appeals her conviction of driving while her driver's license was suspended. Upon conviction, defendant was sentenced to one year in jail and fined $500. On review, we find that the Division of Motor Vehicles (DMV) failed...

LATERRA v. TREASTER - 12/18/1992
Steven D. Treaster, as special administrator for the estate of Sheryl Steere, (Treaster) appeals from a jury verdict which awarded $500,000 to Steven Michael Laterra in a wrongful death action against Steere's estate. FACTS ...

DAVIS v. KANSAS DEPT. OF REVENUE - 12/11/1992
The opinion of the court was delivered by This driver's license suspension case concerns a sobriety checkpoint vehicle stop. The first impression single issue is whether a Kansas statute authorizing such a stop is a prerequisite...

STATE v. GASCHLER - 12/11/1992
Richard A. Gaschler appeals his convictions of driving while under the influence of alcohol and transporting an open container of liquor, in violation of K.S.A. 8-1567 and K.S.A. 41-804. He contends that the sentence imposed by the...

STATE v. BLACKBURN - 10/30/1992
The opinion of the court was delivered by Scott A. Blackburn appeals his convictions of aggravated kidnapping, kidnapping, and rape. Blackburn raises three issues: (1) the propriety of the admission of Blackburn's prior...

STATE v. VISTUBA - 10/30/1992
The opinion of the court was delivered by This is a first impression vehicle "safety stop" case. The issue is whether a law enforcement officer is justified in stopping a vehicle based on specific and articulable observations of...

MEIGS v. KANSAS DEPT. OF REVENUE - 10/30/1992
The opinion of the court was delivered by: The Kansas Department of Revenue (KDR) appeals from the decision of the Johnson County District Court which set aside the suspension of Elizabeth A. Meigs' driving privileges. Meigs'...

WEST v. COLLINS - 10/30/1992
The opinion of the court was delivered by This is an appeal by Sylvia Jane West, the mother and heir-at-law of Robert Gust, deceased, in a wrongful death action. The defendants are Robert L. Collins and Hicks Brothers Chevrolet,...

STATE v. DeHERRERA - 5/22/1992
The opinion of the court was delivered by This is a direct appeal by Herman R. DeHerrera, Sr., from his convictions for attempted first-degree murder, K.S.A. 1991 Supp. 21-3301 and K.S.A. 1991 Supp. 21-3401, and communicating a...

CITY OF OTTAWA v. McMECHAN - 4/24/1992
Ronda McMechan challenges the district court's decision that her appeal to that court from the municipal court judgment against her was not timely. We reverse and remand with directions. Defendant was convicted in municipal...

OSTMEYER v. KANSAS DEPT. OF REVENUE - 3/6/1992
In a driver's license suspension case, the Kansas Department of Revenue appeals from summary judgment entered in favor of Kelli Ostmeyer. The district court entered summary judgment after concluding the officer who administered the...

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