The Kansas statute prohibiting driving under the influence (“DUI”), K.S.A. 8-1567, categorizes the severity level of the crime based on how many prior DUI convictions the offender has. For example, DUI is a class B misdemeanor for someone who has no prior DUI convictions. But DUI is a felony for someone with three or more…

On January 30, 2015, the Kansas Supreme Court issued an opinion in Wichita vs. Molitor. Mr. Molitor was pulled over for suspicion of driving under the influence (“DUI”). He failed the horizontal gaze nystagmus (“HGN”) test but passed the walk-and-turn test and one-leg stand test. The officer requested a preliminary breath test (“PBT”), which Mr….

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