New Kansas DUI case covers the KDHE regulations for administering breath tests.

The full case can be found in a blog post at DUI attorney.

To quote form the opinion:

Under the facts of this case, the procedures used in Mitchell’s breath test failed to substantially comply with the KDHE protocol. Mitchell met his burden of showing that the agency’s decision should be set aside. Accordingly, we conclude the district court erred in upholding the suspension of Mitchell’s driving privileges.