Sloop v. Kansas Department of Revenue

The opinion of the court was delivered by

Nuss, C.J.:

Kenneth W. Sloop, Jr., appeals from an administrative action by the Kansas Department of Revenue (KDOR) suspending his driving privileges for 1 year under K.S.A. 2008 Supp. 8-1014(a)(l). Per this statute, privileges can be suspended for refusing to take a breath test the arresting officer is authorized to request under K.S.A. 2008 Supp. 8-1001(b). The district court and Court of Appeals affirmed the administrative suspension.

We conclude the officer s statutory authority to request Sloop to take the breath test depends upon a valid arrest. We…