Zurawski v. Kansas Department of Revenue

Briscoe, C.J.:

The Kansas Department of Revenue appeals the decision of the district court reversing the suspension of Timothy Zurawski’s driver’s license.

Zurawski was stopped for driving while under the influence. He tried several times to complete a breath test at the scene, but did not blow hard enough for an adequate test sample. After he was taken to the police station, he again failed to provide an adequate breath sample. Zurawski was told that his behavior constituted a test refusal. Zurawski claims he told the officer before he was taken to the station that he had asthma and needed a…