Appeal No.113,762: State of Kansas vs. Robert L. Braun
Summary calendar; no oral argument
The Supreme Court held a motorist's conviction for driving under the influence—which was overturned because of an unconstitutional search—could not be affirmed on the basis of an alternative method of committing DUI when the motorist was not convicted of that version in district court. The motorist was convicted in Ellis County District Court of driving under the influence while having a blood alcohol content of more than .08, in violation of K.S.A. 2012 Supp. 8-1567(a)(2). Based on recent Supreme Court cases declaring the Kansas Implied Consent scheme unconstitutional, the Court of Appeals agreed the blood test results had been obtained as a result of an unconstitutional search and should have been suppressed. But the Court of Appeals said the error was harmless because the stipulation established facts that supported finding the motorist guilty of an alternative method of committing DUI—driving under the influence to a degree rendering a person incapable of safely operating a vehicle, K.S.A. 2012 Supp. 8-1567(a)(3). The Supreme Court reversed because the terms of the stipulation limited its use to court proceedings on the charge the driver had a blood alcohol content of .08 or more. The Supreme Court held the Court of Appeals should not have applied the stipulation to the alternative charge. The case was remanded to the district court for further proceedings related to the alternative charge only.