State v. Weilert

Leben, J.:

After Paul Weilert was charged with felony driving under the influence of alcohol, the district court ruled inadmissible two key items of the evidence against him — -blood-test results obtained at a hospital treating him for medical purposes and Weilert’s statement to the medical personnel about his alcohol consumption. The district court held (1) that after a driver refuses consent to law enforcement for a blood or breath test, the State can’t get other test results; (2) that disclosure of a patient’s medical information was prohibited under federal law; and (3) that a Kansas…