8-2,136. Same; prohibiting driving with alcohol in person's system; out-of-service order.
8-2,136
8-2,136. Same; prohibiting driving with alcohol in person's system;
out-of-service order.
(a) Notwithstanding any other provisions of this act, a driver shall not drive,
operate or be in physical control of a
commercial
motor vehicle while having alcohol in such driver's system.
(b) A driver who drives, operates or is in physical control
of a
commercial motor vehicle while having alcohol in such driver's
system or
who refuses to take a test to determine their alcohol content as provided
by K.S.A. 8-2,142, and amendments thereto, shall be placed out-of-service
for 24 hours.
(c) A driver convicted of violating an out-of-service order while driving
or operating a commercial motor vehicle shall be subject to the following
disqualifications:
(1) First conviction, the driver is disqualified for 90 days;
(2) second conviction, the driver is disqualified for one year;
(3) third and subsequent conviction, the driver is disqualified for
three years.
History: L. 1989, ch. 38, § 12;
L. 1995, ch. 190, § 6; July 1.