City of Dodge City v. Webb

Powell, J.:

One J. Webb appeals his second conviction for driving under the influence (DUI), arguing the preliminary breath test (PBT) administered to him was illegally obtained in violation of the Fourth Amendment to the United States Constitution. Specifically, Webb argues K.S.A. 2011 Supp. 8-1012(b) is unconstitutional because it allows an officer to request a PBT upon reasonable suspicion — rather than probable cause — that the driver was operating a vehicle while under tire influence of alcohol or drugs or both. Webb claims the officer did not have probable cause to arrest him for DUI…