Shrader v. Kansas Department of Revenue

The opinion of the court was delivered by

Nuss, C.J.:

Stanley L. Shrader appeals from an administrative action by the Kansas Department of Revenue (KDOR) suspending his driving privileges for 1 year under K.S.A. 2007 Supp. 8-1014(a). Per this statute, privileges can be suspended for refusing to take a breath test the arresting officer is authorized to request under K.S.A. 2007 Supp. 8-1001(b).

The district court relied upon State v. Counseller, 22 Kan. App. 2d 155, 912 P.2d 757, rev. denied 260 Kan. 997 (1996), to affirm the administrative suspension. But the Shrader Court of Appeals panel…