Fischer v. Kansas Dept. of Revenue

Arnold-Burger, C.J.:

*225 Tyler Fischer, who was under the age of 21 when tested, appeals the suspension of his driver's license for operating *226 a vehicle at a time when his breath alcohol content was over .02. He presents two arguments on appeal. *935 First, he contends that K.S.A. 2016 Supp. 8-1012 is unconstitutional because it allows a driver to be subjected to a search by way of a preliminary breath test (PBT) when an officer merely has reasonable suspicion-as opposed to probable cause-to believe a driver is under the influence of alcohol. He further asserts that because there was an insufficient…