Mitchell v. Kansas Department of Revenue

Malone, J.:

Billy J. Mitchell appeals the district court’s decision upholding the Kansas Department of Revenue’s (KDR) administrative suspension of his driving privileges for failing a breath test. The sole issue is whether the procedures used for the breath test substantially complied with the procedures set out by the Kansas Department of Health and Environment (KDHE). Mitchell contends that the testing officer failed to comply with the portion of the KDHE protocol that requires an officer to “[k]eep the subject in [the officer’s] immediate presence and deprive the subject of alcohol for 20…