Davis v. Kansas Department of Revenue

The opinion of the court was delivered by

Six, J.:

This driver’s license suspension case concerns a sobriety checkpoint vehicle stop. The first impression single issue is whether a Kansas statute authorizing such a stop is a prerequisite to the stop’s validity?

Anthony Byer Davis, who was stopped at a sobriety checkpoint, refused a breath test. His driving privileges were administratively suspended for one year under K.S.A. 8-1001, et seq. (the “implied consent” statute).

Davis sought judicial review of the suspension. The district court vacated the suspension, reasoning that specific legislative…