Bolton v. Kansas Department of Revenue

Leben, J.:

A drivers license may be suspended when the driver fails a breath test for alcohol so long as the testing procedures substantially complied with the directives of the Kansas Department of Health and Environment. Gary Bolton appeals the suspension of his license based on the contention that because he wears dentures — that were left in his mouth for the breath test— the officer didn’t follow the testing protocol that prohibits the “oral intake of anything” for 20 minutes before the test.

But intake is the act of taking something in, and Bolton’s dentures were in his mouth well before…