KS Supreme Court Decision Affects Evidence Gathered For DUI Arrests

Garden City, KS (westernkansasnews.com) Late last week the Kansas Supreme Court ruled DUI suspects were no longer required to give breathalyzers on scene because it violated their fourth amendment rights. Finney County attorney Susan Richmeier thinks this will make things a little tougher for officers, but it will not overburden them.


Richmeier does not think this ruling will hamper efforts to put DUI suspects in jail.

Officers can still get a warrant for to obtain a breath test. That can take an hour to process. What are the implications for this decision?  Defense attorney Luci Douglas of the Callaghan Law Firm in Garden City says the ruling revolves around two parts of the Constitution.

Douglass thinks there are some circumstances when a person would want to give a breath test.

The US Supreme Court will make the final determination on this law later this year.

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