State v. Schuster

The opinion of the court was delivered by

Allegrucci, J.:

The State appeals, pursuant to K.S.A. 2001 Supp. 22-3602, from the district court’s order granting Bradley Schuster’s motion to dismiss the underage driving under influence (DUI) charge against him. The district court concluded that K.S.A. 8-1567a does not establish a criminal offense. The court transferred the case from the Court of Appeals. K.S.A. 20-3018(c).

On March 24, 2001, Bradley Schuster, who was less than 21 years of age, was ticketed for operating a vehicle with a breath alcohol content greater than .02 but less than .08.…