Kansans who refuse to submit to a breath or blood test in DUI investigations cannot be criminally prosecuted for that refusal, the state’s Supreme Court ruled Friday.

The court found unconstitutional a state law making it a crime to refuse such a test when no court-ordered warrant exists.

In its 6-1 ruling, the court found that the tests were in essence searches and the law punishes people for exercising their constitutional right to be free from unreasonable searches and seizures.

Under Kansas law, anyone who operates a motor vehicle in the state has given implied consent to submit to such testing.

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