Dumler v. Kansas Department of Revenue

The opinion of the court was delivered by

Johnson, J.:

Robert Blake Dumler challenges the administrative suspension of his driving privileges based on driving under the influence of alcohol. Dumler contends he was denied his statutory right under K.S.A. 2009 Supp. 8-1001(k)(10) to consult with an attorney after he completed a breath alcohol test. The district court and Court of Appeals affirmed Dumler s administrative suspension after concluding that his pre-test request for counsel was insufficient to invoke his statutory right. We granted Dumler s petition for review and now hold that there…