New Kansas DUI Case deals with breath test regulations
In a Kansas DUI case released on February 13, 2009, the Kansas Court of Appeals discussed the regulations that govern the admissibility of breath test results in Kansas DUI cases.
According to the opinion, "the sole issue in this appeal is whether the district court properly determined that the procedures used for Mitchell's breath test substantially complied with the KDHE requirements."
The case goes through a careful consideration of the KDHE regulations and concludes that they weren't followed in this case. Therefore, the license suspension is reversed.
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