Swank v. Kansas Department of Revenue

*872The opinion of the court was delivered by

Beier, J.:

This appeal concerns Kathryn Swank’s challenge to her driver’s license suspension for driving under the influence of alcohol and the appropriate role, if any, for evidence and legal argument regarding post-driving alcohol consumption.

Factual and Procedural Background

This case began when Yates Center Police Officer Jacob G. Morrison responded to a 1:46 a.m. call about Swank driving recklessly. The call had been placed by Jana Waddell, who said she and Swank had been in an argument at Waddell’s ex-husband’s home. Waddell alleged that Swank…