City of Wichita v. Molitor

The opinion of the court was delivered by

Johnson, J.:

A law enforcement officer participating in a saturation patrol near a Wichita bar stopped a vehicle driven by William J. Molitor and subsequently conducted a driving under the influence (DUI) investigation. After Molitor failed the horizontal gaze nystagmus (HGN) test but passed the walk-and-tum and one-leg-stand tests, the officer requested a preliminary breath test (PBT), the results of which ultimately led to Molitor s arrest and conviction for DUI.

At a subsequent suppression hearing conducted on appeal to the district court, tire court…