TOPEKA, Kan. (AP) — A special prosecutor will decide whether to pursue a DUI charge against a Kansas legislator who was arrested on suspicion of driving under the influence after his vehicle was found in a Topeka ditch.

Shawnee County District Attorney Mike Kagay said he assigned Franklin County Attorney Brandon Jones to state Sen. Vic Miller's case. A special prosecutor investigates, and potentially prosecutes, cases in which a conflict of interest exists for the usual prosecuting authority.

The Topeka Capital-Journal reported that Kagay asked Jones to take the case because prosecutors in Kag...