State v. Wines

Green, J.:

Aten J. Wines was charged with driving while under the influence of alcohol — third offense (DUI) and with refusing a preliminary breath test for conduct occurring on January 7, 2012. Following a bench trial, Wines was found guilty of DUI and refusing a preliminary breath test. The trial court determined that Wines’ current DUI conviction was his third. The penalty for a third DUI conviction under K.S.A. 2011 Supp. 8-1567(b)(l)(D) is a felony when a person has a previous DUI conviction within the preceding 10 years of the person’s current DUI offense. On appeal, Wines contends that…