v. Fewell, 286 Kan. 370, *1292 Syl. ¶ 4, 184 P.3d 903 (2008); see Pollman, 286 Kan. 881, Syl. ¶ 6, 190 P.3d 234.
No facts are disputed. Trooper Clark came across Barriger urinating on the roadway outside his pickup truck at about 11:20 p.m. the night after Christmas. The truck was parked partially on K-61 highway about where that highway intersects Northeast 20th Street in Pratt. According to Clark's testimony, there are no paved shoulders, the pickup was near the intersection, it's on a curve, and there's a train track next to the highway. When Clark pulled his patrol car behind the pickup, Barriger went into the pickup and turned it off. Clark approached and was greeted by the smell of alcohol. He noticed that Barriger's eyes werebloodshot and watery and that Barriger's pants were unzipped and wet in the crotch area. When Clark asked Barriger for his license, Barriger fumbled in his wallet, initially passing over the driver's license, before he located it and handed it to Clark.
From these observations, Clark suspected that Barriger had been driving under the influence of alcohol. Clark explained that because the pickup was on the roadway, Clark wanted permission to move it off the roadway. Clark also said he'd like to take Barriger to a nearby location to conduct field-sobriety tests to see whether Barriger could safely drive away. Barriger agreed to these requests. Clark parked the pickup off the roadway surface and took Barriger to the parking lot of Pratt Community College, about a mile away.
In Clark's