State Codes and Statutes
Statutes > Kansas > Chapter32 > Article11 > Statutes_1515132-1138
32-1138. Same; preliminary screening test.A law enforcement officer may request a person who isoperating or attempting to operate a vessel within this state to submit to apreliminary screening test of the person's breath to determine the alcoholconcentration of the person's breath if theofficer has reasonable grounds to believe that the person: (a) Has alcohol inthe person's body; (b) has committed a boating law violation; or (c) has beeninvolved in a vessel accident or collision. At the time the test is requested,the person shall be given oral notice that: (1) There is no right to consultwith an attorney regarding whether to submit to testing; (2) refusal to submitto testing shall subject the person to the same fine as prescribed by K.S.A.8-2118 and amendments thereto for refusal to submit to a preliminary breathtest; and (3) further testing may be requiredafter the preliminary screening test. Failure to provide the notice shall notbe an issue or defense in any action. The law enforcement officer then shallrequest the person to submit to the test. Refusal to take and complete thetest as requested shall subject the person to the same fine as prescribed byK.S.A. 8-2118 and amendments thereto for refusal to submit to a preliminarybreath test. If the person submits to the test,the results shall be used for the purpose of assisting law enforcement officersin determining whether an arrest should be made and whether torequest the tests authorized by K.S.A. 32-1132 and amendmentsthereto. A law enforcement officer may arrest a person based in whole or inpart upon the results of a preliminary screening test. Such results shall notbe admissible in any civil or criminal action concerning the operation of orattempted operation of a vessel except to aid the court orhearing officer in determining a challenge to the validity of the arrest or thevalidity of the request to submit to a test pursuant to K.S.A. 32-1132 andamendments thereto. Following the preliminary screening test,additional testsmay be requested pursuant to K.S.A. 32-1132 and amendments thereto.
History: L. 1999, ch. 113, § 3;L. 2005, ch. 172, § 4; July 1.
