KS Supreme Court: Law on Sobriety Tests Unconstitutional
02/26/2016

TOPEKA, Kan. (AP) - The Kansas Supreme Court has struck down as unconstitutional a state law that punishes suspected drunken drivers who refuse to submit to a sobriety test.
 
The state's high court, by a 6-1 vote Friday, declared the law that makes it a separate crime to refuse such a test a violation of the Fourth Amendment protections against unreasonable search and seizure.
 
Friday's ruling came a little more than two months since the U.S. Supreme Court announced it also will decide whether states can criminalize a driver's refusal to take an alcohol test even if police have not obtained a search warrant.
 
Roughly a dozen states make it a crime to refuse to consent to warrantless alcohol testing.



© Associated Press

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