State v. Ahrens

*152The opinion of the court was delivered by

Moritz, J.:

We granted Buddy Ahrens’ petition for review to consider whether the terms “operating” or “attempting to operate” a vehicle create alternative means of establishing the crime of driving under the influence (DUI) under K.S.A. 2008 Supp. 8-1567(a)(3). The Court of Appeals concluded that while the statute creates alternative means, Ahrens was not entitled to a reversal of his conviction because the State presented sufficient evidence that Ahrens both operated and attempted to operate his vehicle while under the influence of alcohol.

Applying the…