Furthmyer v. Kansas Department of Revenue

The opinion of the court was delivered by

Abbott, J.:

We granted the petition for review of the Kansas Department of Revenue primarily to determine the standard the Kansas implied consent law, K.S.A. 8-1001 et seq., requires before person’s driver’s license can be suspended for refusing to submit to a test requested by a law enforcement officer to determine the person’s blood alcohol concentration. Does the implied consent law require that the person whose driver’s license is subject to suspension was actually operating or attempting to operate a motor vehicle, or is reasonable grounds to…