Manzano v. Kansas Department of Revenue

Leben, J.:

The Kansas implied-consent law provides that a driver’s license may be suspended for a failure to take a blood or *264breath test for alcohol when a law-enforcement officer has reasonable grounds to believe the person was driving while intoxicated. But the law also provides hearings that meet constitutional due-process requirements by allowing both an administrative heating before a Kansas Department of Revenue hearing officer and, if unsuccessful there, a new trial before the district court.

The Department of Revenue appeals the district court’s order setting aside the administrative…