In re Driving Privileges of Mundhenke

Rulon, C.J.:

Respondent Kansas Department of Revenue appeals the district court’s dismissal of the administrative suspension of petitioner G.L. Mundhenke’s driver’s license. We reverse.

On August 16, 2002, the petitioner was stopped at a driving under the influence (DUI) checkpoint at 4th Street and Ford in Hutchinson, Kansas. The petitioner exhibited bloodshot eyes, smelled of alcohol, and acknowledged that he had recently consumed alcohol. Additionally, the petitioner failed the field sobriety tests and the preliminaiy breath test. Consequently, petitioner was arrested and subsequently tested…