Schoen v. Kansas Department of Revenue

Malone, J.:

Denton James Schoen appeals the district court’s judgment upholding his driver’s license suspension by the Kansas Department of Revenue (KDR). The issue is whether the district court’s finding that the sheriff s deputy complied with Kansas Department of Health and Environment (KDHE) protocol for the Intoxilyzer 5000 breath testing is supported by substantial competent evidence. We affirm.

On July 26, 2001, Osborne County Sheriff s Deputy Aaron Enyeart stopped Schoen’s vehicle for speeding. After Enyeart conducted field sobriety tests, Schoen was taken to the county law enforcement…