State v. Counseller

Knudson, J.:

The State brings this interlocutory appeal from the district court’s ruling suppressing evidence from a breath test administered to the defendant, Douglas Counseller.

Deputy John Schrock arrested Douglas Counseller for reckless driving and transported him to the Shawnee County Sheriff’s Department. Schrock smelled liquor on Counseller’s breath and requested that he submit to a breath test to determine the presence of alcohol. Counseller was provided a copy of the implied consent advisory pursuant to K.S.A. 1995 Supp. 8-1001(f)(l). He gave consent, and a breathalyzer test was then…