Article 15.--UNIFORM ACT REGULATING TRAFFIC; RULES OF THE ROAD
8-1567a.Driving under the influence of alcohol or
drugs by any person less than 21 years of age; blood alcohol concentration;
penalties.
(a) It shall be unlawful for any person less than 21 years of age to operate or
attempt to operate a vehicle in this state with a breath or blood alcohol
content of .02 or greater.
(b) Whenever a law enforcement officer determines that a breath or blood
alcohol test is to be required of a person less than 21 years of age pursuant
to K.S.A. 8-1001 or K.S.A. 8-2,142 and amendments thereto, in addition to any
other notices required by law, the law enforcement officer shall provide
written and oral notice that: (1) It is unlawful for any person less than 21
years of age to operate or attempt to operate a vehicle in this state with a
breath or blood alcohol content of .02 or greater; and (2) if the person is
less than 21 years of age at the time of the test request and submits to and
completes the test or tests and the test results show an alcohol concentration
of .02 or greater, but less than .08, on the person's first occurrence,
the person's driving privileges will be suspended for 30 days and on the
person's second or subsequent occurrence, the person's driving privileges shall
be suspended for one
year.
(c) Any suspension and restriction of driving privileges pursuant to this
section shall be in addition to any disqualification from driving a commercial
motor vehicle pursuant to K.S.A. 8-2,142 and amendments thereto.
(d) Whenever a breath or blood alcohol test is requested pursuant to K.S.A.
8-1001 and amendments thereto, from a person less than 21 years of age, and
results in a test result of .02 or greater, but less than .08, a law
enforcement officer's certification under this section shall be prepared. The
certification required by this section shall be signed by one or more officers
to certify that:
(1) (A) There existed reasonable grounds to believe the person was
operating a vehicle while under the influence of alcohol or drugs, or both, or
to believe that the person had been driving a commercial motor vehicle, as
defined in K.S.A. 8-2,128 and amendments thereto, while having alcohol or other
drugs in such person's system; (B) the person had been placed under arrest, was
in custody or had been involved in a vehicle accident or collision; (C) a law
enforcement officer had presented the person with the oral and written notice
required by K.S.A. 8-1001 and amendments thereto, and the oral and written
notice required by this section; (D) that the person was less than 21 years of
age at the time of the test request; and (E) the result of the test showed that
the person had an alcohol concentration of .02 or greater in such person's
blood or breath.
(2) With regard to a breath test, in addition to those matters required to
be certified under subsection (d)(1), that: (A) The testing equipment used was
certified by the Kansas department of health and environment; (B) the testing
procedures used were in accordance with the requirements set out by the Kansas
department of health and environment; and (C) the person who operated the
testing equipment was certified by the Kansas department of health and
environment to operate such equipment.
(e) If a hearing is requested as a result of a law enforcement officer's
certification under this section, the scope of the hearing shall be limited to
whether: (1) A law enforcement officer had reasonable grounds to believe the
person was operating a vehicle while under the influence of alcohol or drugs,
or both, or to believe that the person had been driving a commercial motor
vehicle, as defined in K.S.A. 8-2,128 and amendments thereto, while having
alcohol or other drugs in such person's system; (2) the person was in custody
or arrested for an alcohol or drug related offense or was involved in a motor
vehicle accident or collision resulting in property damage, personal injury or
death; (3) a law enforcement officer had presented the person with the oral and
written notice required by K.S.A. 8-1001 and amendments thereto, and the oral
and written notice required by this section; (4) the testing equipment used was
reliable; (5) the person who operated the testing equipment was qualified; (6)
the testing procedures used were reliable; (7) the test result determined that
the person had an alcohol concentration of .02 or greater in such person's
blood or breath; (8) the person was operating a vehicle; and (9) the person
was less than 21 years of age at the time a test was requested.
(f) If a person less than 21 years of age submits to a breath or blood
alcohol test requested pursuant to K.S.A. 8-1001 or K.S.A. 8-2,142 and
amendments thereto, and produces a test result of .02 or greater, but less
than .08, on the person's first occurrence, the person's driving privileges
shall be suspended for 30 days and then restricted as provided by K.S.A.
8-1015, and amendments thereto, for an additional 330 days, and on the person's
second or subsequent occurrence, the person's driving privileges shall be
suspended for one year.
(g) Except where there is a conflict between this section and K.S.A. 8-1001
and 8-1002 and amendments thereto, the provisions of K.S.A. 8-1001 and 8-1002
and amendments thereto, shall be applicable to proceedings under this section.
(h) Any determination under this section that a person less than 21 years of
age had a test result of .02 or greater, but less than .08, and any resulting
administrative action upon the person's driving privileges, upon the first
occurrence of such test result and administrative action, shall not be
considered by any insurance company in determining the rate charged for any
automobile liability insurance policy or whether to cancel any such policy
under the provisions of subsection (4)(a) of K.S.A. 40-277 and amendments
thereto.
History: L. 1996, ch. 216, § 1;
L. 1999, ch. 125, § 19; 1999, ch. 169, § 2;
L. 2001, ch. 200, § 8; July 1.
Article 15.--UNIFORM ACT REGULATING TRAFFIC; RULES OF THE ROAD
8-1567a.Driving under the influence of alcohol or
drugs by any person less than 21 years of age; blood alcohol concentration;
penalties.
(a) It shall be unlawful for any person less than 21 years of age to operate or
attempt to operate a vehicle in this state with a breath or blood alcohol
content of .02 or greater.
(b) Whenever a law enforcement officer determines that a breath or blood
alcohol test is to be required of a person less than 21 years of age pursuant
to K.S.A. 8-1001 or K.S.A. 8-2,142 and amendments thereto, in addition to any
other notices required by law, the law enforcement officer shall provide
written and oral notice that: (1) It is unlawful for any person less than 21
years of age to operate or attempt to operate a vehicle in this state with a
breath or blood alcohol content of .02 or greater; and (2) if the person is
less than 21 years of age at the time of the test request and submits to and
completes the test or tests and the test results show an alcohol concentration
of .02 or greater, but less than .08, on the person's first occurrence,
the person's driving privileges will be suspended for 30 days and on the
person's second or subsequent occurrence, the person's driving privileges shall
be suspended for one
year.
(c) Any suspension and restriction of driving privileges pursuant to this
section shall be in addition to any disqualification from driving a commercial
motor vehicle pursuant to K.S.A. 8-2,142 and amendments thereto.
(d) Whenever a breath or blood alcohol test is requested pursuant to K.S.A.
8-1001 and amendments thereto, from a person less than 21 years of age, and
results in a test result of .02 or greater, but less than .08, a law
enforcement officer's certification under this section shall be prepared. The
certification required by this section shall be signed by one or more officers
to certify that:
(1) (A) There existed reasonable grounds to believe the person was
operating a vehicle while under the influence of alcohol or drugs, or both, or
to believe that the person had been driving a commercial motor vehicle, as
defined in K.S.A. 8-2,128 and amendments thereto, while having alcohol or other
drugs in such person's system; (B) the person had been placed under arrest, was
in custody or had been involved in a vehicle accident or collision; (C) a law
enforcement officer had presented the person with the oral and written notice
required by K.S.A. 8-1001 and amendments thereto, and the oral and written
notice required by this section; (D) that the person was less than 21 years of
age at the time of the test request; and (E) the result of the test showed that
the person had an alcohol concentration of .02 or greater in such person's
blood or breath.
(2) With regard to a breath test, in addition to those matters required to
be certified under subsection (d)(1), that: (A) The testing equipment used was
certified by the Kansas department of health and environment; (B) the testing
procedures used were in accordance with the requirements set out by the Kansas
department of health and environment; and (C) the person who operated the
testing equipment was certified by the Kansas department of health and
environment to operate such equipment.
(e) If a hearing is requested as a result of a law enforcement officer's
certification under this section, the scope of the hearing shall be limited to
whether: (1) A law enforcement officer had reasonable grounds to believe the
person was operating a vehicle while under the influence of alcohol or drugs,
or both, or to believe that the person had been driving a commercial motor
vehicle, as defined in K.S.A. 8-2,128 and amendments thereto, while having
alcohol or other drugs in such person's system; (2) the person was in custody
or arrested for an alcohol or drug related offense or was involved in a motor
vehicle accident or collision resulting in property damage, personal injury or
death; (3) a law enforcement officer had presented the person with the oral and
written notice required by K.S.A. 8-1001 and amendments thereto, and the oral
and written notice required by this section; (4) the testing equipment used was
reliable; (5) the person who operated the testing equipment was qualified; (6)
the testing procedures used were reliable; (7) the test result determined that
the person had an alcohol concentration of .02 or greater in such person's
blood or breath; (8) the person was operating a vehicle; and (9) the person
was less than 21 years of age at the time a test was requested.
(f) If a person less than 21 years of age submits to a breath or blood
alcohol test requested pursuant to K.S.A. 8-1001 or K.S.A. 8-2,142 and
amendments thereto, and produces a test result of .02 or greater, but less
than .08, on the person's first occurrence, the person's driving privileges
shall be suspended for 30 days and then restricted as provided by K.S.A.
8-1015, and amendments thereto, for an additional 330 days, and on the person's
second or subsequent occurrence, the person's driving privileges shall be
suspended for one year.
(g) Except where there is a conflict between this section and K.S.A. 8-1001
and 8-1002 and amendments thereto, the provisions of K.S.A. 8-1001 and 8-1002
and amendments thereto, shall be applicable to proceedings under this section.
(h) Any determination under this section that a person less than 21 years of
age had a test result of .02 or greater, but less than .08, and any resulting
administrative action upon the person's driving privileges, upon the first
occurrence of such test result and administrative action, shall not be
considered by any insurance company in determining the rate charged for any
automobile liability insurance policy or whether to cancel any such policy
under the provisions of subsection (4)(a) of K.S.A. 40-277 and amendments
thereto.
History: L. 1996, ch. 216, § 1;
L. 1999, ch. 125, § 19; 1999, ch. 169, § 2;
L. 2001, ch. 200, § 8; July 1.
Article 15.--UNIFORM ACT REGULATING TRAFFIC; RULES OF THE ROAD
8-1567a.Driving under the influence of alcohol or
drugs by any person less than 21 years of age; blood alcohol concentration;
penalties.
(a) It shall be unlawful for any person less than 21 years of age to operate or
attempt to operate a vehicle in this state with a breath or blood alcohol
content of .02 or greater.
(b) Whenever a law enforcement officer determines that a breath or blood
alcohol test is to be required of a person less than 21 years of age pursuant
to K.S.A. 8-1001 or K.S.A. 8-2,142 and amendments thereto, in addition to any
other notices required by law, the law enforcement officer shall provide
written and oral notice that: (1) It is unlawful for any person less than 21
years of age to operate or attempt to operate a vehicle in this state with a
breath or blood alcohol content of .02 or greater; and (2) if the person is
less than 21 years of age at the time of the test request and submits to and
completes the test or tests and the test results show an alcohol concentration
of .02 or greater, but less than .08, on the person's first occurrence,
the person's driving privileges will be suspended for 30 days and on the
person's second or subsequent occurrence, the person's driving privileges shall
be suspended for one
year.
(c) Any suspension and restriction of driving privileges pursuant to this
section shall be in addition to any disqualification from driving a commercial
motor vehicle pursuant to K.S.A. 8-2,142 and amendments thereto.
(d) Whenever a breath or blood alcohol test is requested pursuant to K.S.A.
8-1001 and amendments thereto, from a person less than 21 years of age, and
results in a test result of .02 or greater, but less than .08, a law
enforcement officer's certification under this section shall be prepared. The
certification required by this section shall be signed by one or more officers
to certify that:
(1) (A) There existed reasonable grounds to believe the person was
operating a vehicle while under the influence of alcohol or drugs, or both, or
to believe that the person had been driving a commercial motor vehicle, as
defined in K.S.A. 8-2,128 and amendments thereto, while having alcohol or other
drugs in such person's system; (B) the person had been placed under arrest, was
in custody or had been involved in a vehicle accident or collision; (C) a law
enforcement officer had presented the person with the oral and written notice
required by K.S.A. 8-1001 and amendments thereto, and the oral and written
notice required by this section; (D) that the person was less than 21 years of
age at the time of the test request; and (E) the result of the test showed that
the person had an alcohol concentration of .02 or greater in such person's
blood or breath.
(2) With regard to a breath test, in addition to those matters required to
be certified under subsection (d)(1), that: (A) The testing equipment used was
certified by the Kansas department of health and environment; (B) the testing
procedures used were in accordance with the requirements set out by the Kansas
department of health and environment; and (C) the person who operated the
testing equipment was certified by the Kansas department of health and
environment to operate such equipment.
(e) If a hearing is requested as a result of a law enforcement officer's
certification under this section, the scope of the hearing shall be limited to
whether: (1) A law enforcement officer had reasonable grounds to believe the
person was operating a vehicle while under the influence of alcohol or drugs,
or both, or to believe that the person had been driving a commercial motor
vehicle, as defined in K.S.A. 8-2,128 and amendments thereto, while having
alcohol or other drugs in such person's system; (2) the person was in custody
or arrested for an alcohol or drug related offense or was involved in a motor
vehicle accident or collision resulting in property damage, personal injury or
death; (3) a law enforcement officer had presented the person with the oral and
written notice required by K.S.A. 8-1001 and amendments thereto, and the oral
and written notice required by this section; (4) the testing equipment used was
reliable; (5) the person who operated the testing equipment was qualified; (6)
the testing procedures used were reliable; (7) the test result determined that
the person had an alcohol concentration of .02 or greater in such person's
blood or breath; (8) the person was operating a vehicle; and (9) the person
was less than 21 years of age at the time a test was requested.
(f) If a person less than 21 years of age submits to a breath or blood
alcohol test requested pursuant to K.S.A. 8-1001 or K.S.A. 8-2,142 and
amendments thereto, and produces a test result of .02 or greater, but less
than .08, on the person's first occurrence, the person's driving privileges
shall be suspended for 30 days and then restricted as provided by K.S.A.
8-1015, and amendments thereto, for an additional 330 days, and on the person's
second or subsequent occurrence, the person's driving privileges shall be
suspended for one year.
(g) Except where there is a conflict between this section and K.S.A. 8-1001
and 8-1002 and amendments thereto, the provisions of K.S.A. 8-1001 and 8-1002
and amendments thereto, shall be applicable to proceedings under this section.
(h) Any determination under this section that a person less than 21 years of
age had a test result of .02 or greater, but less than .08, and any resulting
administrative action upon the person's driving privileges, upon the first
occurrence of such test result and administrative action, shall not be
considered by any insurance company in determining the rate charged for any
automobile liability insurance policy or whether to cancel any such policy
under the provisions of subsection (4)(a) of K.S.A. 40-277 and amendments
thereto.
History: L. 1996, ch. 216, § 1;
L. 1999, ch. 125, § 19; 1999, ch. 169, § 2;
L. 2001, ch. 200, § 8; July 1.