GREEN, J.
Akin J. Wines was charged with driving while under the influence of alcohol (DUI) — third offense — and with refusing a preliminary breath test for conduct occurring on January 7, 2012. Following a bench trial, Wines was found guilty of DUI and refusing a preliminary breath test. The trial court determined that Wines' current DUI conviction was his third. The penalty for a third DUI conviction under K.S.A. 2011 Supp. 8-1567(b)(1)(D) is a felony...
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