Kansas Attorney General Derek Schmidt is asking the state’s highest court to reconsider rulings earlier this year that motorists suspected of drunken driving cannot be punished for refusing to take sobriety tests.
Schmidt cited a recent U.S. Supreme Court ruling in Minnesota and North Dakota cases in filing his request Monday with the Kansas Supreme Court.
Kansas law has punished a motorist’s refusal to take a breath, blood or urine test with up to a year in jail and a fine of up to $1,250.
But the state Supreme Court ruled in February in four cases that the law was invalid because of protections in the U.S. Constitution against warrantless searches.
The U.S. Supreme Court ruled last week that motorists could face criminal penalties for refusing to take breath tests.