Shrader v. Kansas Department of Revenue

Caplinger, J.:

Stanley L. Shrader appeals the district court’s decision affirming the Kansas Department of Revenue’s (KDOR’s) suspension of his driving privileges following his refusal to submit to an alcohol breath test. Shrader claims the district court erred in affirming the suspension because the arresting officer failed to satisfy the conditions of K.S.A. 8-1001(b) before requesting a breath test. We agree and reverse the district court’s order and reinstate Shrader’s driving privileges.

Factual and Procedural Background

While patrolling early in the morning of June 6, 2008, Oberlin City…