State v. Smith

Bruns, J.:

Cassidy Lee Smith appeals his misdemeanor conviction for driving under the influence of alcohol (DUI) and related charges. Smith argues that the district court erred in denying a motion to suppress the results of an Intoxilyzer 8000 breath test that he took after he was involved in an accident. Although he admits that he consented to taking the breath test, Smith contends the State failed to establish at the suppression hearing that the law enforcement officers who administered the test complied with Kansas Department of Health and Environment (KDHE) protocol. We find that this…