City of Overland Park v. Rhodes

Pierron, J.:

Kelly K. Rhodes appeals her conviction of driving while intoxicated (DUI). She argues the police DUI checkpoint was unconstitutional and, as a result, her conviction should be reversed. She also argues the Intoxilyzer 8000 test results should have been suppressed because the officers failed to comply with the Kansas Department of Health and Environment (KDHE) regulations and the Intoxilyzer 8000 was not properly certified. We affirm.

On August 22, 2008, Overland Park Police set up a DUI checkpoint along Metcalf Avenue. Motorists were directed off Metcalf Avenue and into a parking…