Article 10.--DRIVING UNDER INFLUENCE OF ALCOHOL OR DRUGS; RELATED PROVISIONS
8-1005.Evidence; test results admissible in prosecutions; weight to be
given evidence.
Except as provided by K.S.A. 8-1012 and
amendments thereto, in any criminal
prosecution for violation of the laws of this state
relating to operating or attempting to operate a vehicle while
under the influence of alcohol or drugs, or both, or the
commission of vehicular homicide or
manslaughter while under the influence of alcohol or drugs, or both, or in any
prosecution for a violation of a city ordinance relating to the
operation or attempted operation of a vehicle while under the influence of
alcohol or drugs, or both, evidence of
the concentration of alcohol or drugs in
the defendant's blood, urine, breath or other
bodily substance may be admitted and shall give rise to the following:
(a) If the alcohol concentration is
less than .08, that fact may be considered with other
competent evidence to determine if the defendant was under the influence
of alcohol, or both alcohol and drugs.
(b) If the alcohol concentration is .08 or more, it
shall be prima facie evidence
that the defendant was under
the influence of alcohol to a degree that renders the person incapable of
driving safely.
(c) If there was present in the defendant's bodily substance any
narcotic, hypnotic, somnifacient, stimulating or other drug which has the
capacity to render the defendant incapable of safely driving a vehicle,
that fact may be considered to determine if the defendant was under the
influence of drugs, or both alcohol and drugs, to a degree that renders the
defendant incapable of driving safely.
History: L. 1955, ch. 279, § 1; L. 1967, ch. 60, §
2; L. 1970, ch. 51, § 3; L. 1973, ch. 42, § 1; L. 1976, ch. 49, §
1; L. 1982, ch. 144, § 4;
L. 1985, ch. 48, § 7;
L. 1986, ch. 40, § 4; L. 1986, ch. 41, § 1;
L. 1988, ch. 47, § 15;
L. 1993, ch. 259, § 16;
L. 1993, ch. 291, § 269; July 1.
Article 10.--DRIVING UNDER INFLUENCE OF ALCOHOL OR DRUGS; RELATED PROVISIONS
8-1005.Evidence; test results admissible in prosecutions; weight to be
given evidence.
Except as provided by K.S.A. 8-1012 and
amendments thereto, in any criminal
prosecution for violation of the laws of this state
relating to operating or attempting to operate a vehicle while
under the influence of alcohol or drugs, or both, or the
commission of vehicular homicide or
manslaughter while under the influence of alcohol or drugs, or both, or in any
prosecution for a violation of a city ordinance relating to the
operation or attempted operation of a vehicle while under the influence of
alcohol or drugs, or both, evidence of
the concentration of alcohol or drugs in
the defendant's blood, urine, breath or other
bodily substance may be admitted and shall give rise to the following:
(a) If the alcohol concentration is
less than .08, that fact may be considered with other
competent evidence to determine if the defendant was under the influence
of alcohol, or both alcohol and drugs.
(b) If the alcohol concentration is .08 or more, it
shall be prima facie evidence
that the defendant was under
the influence of alcohol to a degree that renders the person incapable of
driving safely.
(c) If there was present in the defendant's bodily substance any
narcotic, hypnotic, somnifacient, stimulating or other drug which has the
capacity to render the defendant incapable of safely driving a vehicle,
that fact may be considered to determine if the defendant was under the
influence of drugs, or both alcohol and drugs, to a degree that renders the
defendant incapable of driving safely.
History: L. 1955, ch. 279, § 1; L. 1967, ch. 60, §
2; L. 1970, ch. 51, § 3; L. 1973, ch. 42, § 1; L. 1976, ch. 49, §
1; L. 1982, ch. 144, § 4;
L. 1985, ch. 48, § 7;
L. 1986, ch. 40, § 4; L. 1986, ch. 41, § 1;
L. 1988, ch. 47, § 15;
L. 1993, ch. 259, § 16;
L. 1993, ch. 291, § 269; July 1.
Article 10.--DRIVING UNDER INFLUENCE OF ALCOHOL OR DRUGS; RELATED PROVISIONS
8-1005.Evidence; test results admissible in prosecutions; weight to be
given evidence.
Except as provided by K.S.A. 8-1012 and
amendments thereto, in any criminal
prosecution for violation of the laws of this state
relating to operating or attempting to operate a vehicle while
under the influence of alcohol or drugs, or both, or the
commission of vehicular homicide or
manslaughter while under the influence of alcohol or drugs, or both, or in any
prosecution for a violation of a city ordinance relating to the
operation or attempted operation of a vehicle while under the influence of
alcohol or drugs, or both, evidence of
the concentration of alcohol or drugs in
the defendant's blood, urine, breath or other
bodily substance may be admitted and shall give rise to the following:
(a) If the alcohol concentration is
less than .08, that fact may be considered with other
competent evidence to determine if the defendant was under the influence
of alcohol, or both alcohol and drugs.
(b) If the alcohol concentration is .08 or more, it
shall be prima facie evidence
that the defendant was under
the influence of alcohol to a degree that renders the person incapable of
driving safely.
(c) If there was present in the defendant's bodily substance any
narcotic, hypnotic, somnifacient, stimulating or other drug which has the
capacity to render the defendant incapable of safely driving a vehicle,
that fact may be considered to determine if the defendant was under the
influence of drugs, or both alcohol and drugs, to a degree that renders the
defendant incapable of driving safely.
History: L. 1955, ch. 279, § 1; L. 1967, ch. 60, §
2; L. 1970, ch. 51, § 3; L. 1973, ch. 42, § 1; L. 1976, ch. 49, §
1; L. 1982, ch. 144, § 4;
L. 1985, ch. 48, § 7;
L. 1986, ch. 40, § 4; L. 1986, ch. 41, § 1;
L. 1988, ch. 47, § 15;
L. 1993, ch. 259, § 16;
L. 1993, ch. 291, § 269; July 1.