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Supreme Court: Sobriety Tests Unconstitutional

Associated Press - February 26, 2016 12:03 pm

.Now that Kansas voters have decided against removing any state Supreme Court justices, the court will turn its attention to cases involving education funding, capital punishment and abortion that led critics to try to remake the court.

.Now that Kansas voters have decided against removing any state Supreme Court justices, the court will turn its attention to cases involving education funding, capital punishment and abortion that led critics to try to remake the court.

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.

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