Lincoln v. Kansas Dept. of Revenue, Div. of Vehicles
856 P.2d 1357
Kan.App.,1993.

Department of Revenue appealed decision of the Shawnee District Court, Franklin R. Theis, J., reversing Department's suspension of licensee's driver's license. The Court of Appeals, Briscoe, C.J., held that certification of standard solution used to calibrate breath testing equipment was not required to lay foundation for admissibility of breath tests results.
Reversed and remanded.

*635 **1357 Syllabus by the Court

1. K.S.A. 8-1002(a)(3) is interpreted and applied.
2. The legislature has expressly found that, for breath test results to be reliable, the testing equipment, the testing procedures, and the operator of the equipment must all be certified. The legislature has not included certification of the standard solution used to calibrate the equipment in its list of items that must be certified. To lay a foundation for the admissibility of breath test results, the Department of Revenue is not required to also establish certification of the standard solution used to calibrate breath testing equipment.