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Subject Kansas Supreme Court Rules Penalty For Refusal to Submit To Breathalyzer Unconstitutional

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Original Message A Kansas law that allowed authorities to charge motorists who refused breath or blood tests during drunk-driving investigations with additional crimes has been found unconstitutional.

The state's Supreme Court ruled Friday that the law, which says anyone who operates a motor vehicle in the state has given implied consent to such testing, violates drivers' Fourth Amendment right to unreasonable searches and seizures.

The Kansas decision could potentially provide a framework for that U.S. Supreme Court's review. The state court not only rejected the law, but in a separate ruling, said efforts to ensure compliance amounted to coercion.

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