An Analysis of Recent Changes in Kansas Drunk Driving Laws

Abstract

For the past several years the problem of drunk driving has become of increasingly intense public concern. In response to this concern, the Kansas Legislature has passed major amendments to the drunk driving laws. The most recent amendments passed the legislature in 1985 in conjunction with changes in state liquor laws. The 1985 amendments offer a consolidated package that toughens criminal penalties and limits the opportunity for certain defendants to receive diversion. At the same time, the new laws expand the power of the police to act against persons suspected of drunk driving. These expanded powers affect both the circumstances under which the police can order suspects to undergo tests and the kinds of tests that can be ordered. This Article examines the changes in police procedure required by the new drunk driving laws. The Article first provides a general description of the recent changes and then analyzes some of the constitutional and practical problems those changes raise.