Kansas Attorney General Derek Schmidt has asked the state Supreme Court to reconsider its opinions in a group of DUI cases in light of a recent U.S. Supreme Court decision.
In the request, Schmidt cited U.S. Supreme Court rulings that say the Constitution allows states to criminally punish drivers who refuse to take breathalizer tests after a DUI arrest. The Kansas Supreme Court, though, has said the opposite: that people who refuse the tests can't be punished because of constitutional protections against unreasonable warrantless searches that the court says prevent the state from doling out penalties.
“The Kansas cases reached a different result that appears inconsistent with the U.S. Supreme Court’s holding,” Schmidt said. “Although the issues presented are not identical, the bottom line is the same. The U.S. Supreme Court says the U.S. Constitution allows the state to criminally punish a driver’s refusal of a breath test after a DUI arrest, and the Kansas Supreme Court has said it does not. We think the Kansas court’s conclusion must yield to that of the U.S. Supreme Court, and we have requested clarity on the matter.”
In February, the Kansas high court struck down a state law making it a misdemeanor for motorists to refuse to take a breath, blood or urine test. Its finding, which was made in four separate cases, has been on hold since March.
The U.S. Supreme Court's ruling does not extend to blood tests to determine sobriety; the court says they're more intrusive and require a warrant.
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