Article 10.--DRIVING UNDER INFLUENCE OF ALCOHOL OR DRUGS; RELATED PROVISIONS
8-1013.Definitions.
As used in K.S.A. 8-1001 through 8-1010,
8-1011,
8-1012, 8-1014, 8-1015, 8-1016, 8-1017 and 8-1018, and
amendments thereto,
and this section:
(a) "Alcohol concentration" means the number of grams of alcohol per 100
milliliters of blood or per 210 liters of breath.
(b) (1) "Alcohol or drug-related conviction" means any of the following:
(A) Conviction of
vehicular battery or aggravated vehicular
homicide, if the crime is committed while committing a violation of K.S.A.
8-1567 and amendments thereto or the ordinance of a city or resolution of a
county in this state which prohibits any acts prohibited by that statute,
or conviction of
a violation of K.S.A. 8-1567 and amendments
thereto; (B) conviction of a violation of a law of another state which
would constitute a crime
described in subsection (b)(1)(A) if committed in this state; (C)
conviction of a violation of an ordinance of a city in this state or a
resolution of a county in this state
which would constitute a crime described in subsection
(b)(1)(A),
whether or not such conviction is in a court of record; or
(D) conviction of an act which was committed on a military
reservation and which would constitute a violation of K.S.A. 8-1567, and
amendments thereto, or would constitute a crime described in subsection
(b)(1)(A) if committed off a military reservation in this state.
(2) For the purpose of determining whether an occurrence is a first,
second or subsequent occurrence: (A) "Alcohol or drug-related conviction"
also includes entering
into a diversion agreement in lieu of further criminal proceedings on a
complaint alleging
commission of a
crime described in subsection (b)(1), including a diversion
agreement entered into prior to
the effective date of this act; and (B) it is irrelevant whether an offense
occurred before or after conviction or diversion for a previous offense.
(c) "Division" means the division of
vehicles of the department of revenue.
(d) "Ignition interlock device" means a device which uses a breath
analysis mechanism to prevent a person from operating a motor vehicle if
such person has consumed an alcoholic beverage.
(e) "Occurrence" means a test refusal, test failure or alcohol or
drug-related
conviction, or any combination thereof arising from one arrest, including
an arrest which occurred
prior to the effective day
of this act.
(f) "Other competent evidence" includes: (1) Alcohol
concentration tests obtained from samples taken two hours or more after the
operation or attempted operation of a vehicle; and (2) readings obtained
from a partial alcohol concentration test on a breath testing machine.
(g) "Samples" includes breath supplied directly for testing,
which
breath is not preserved.
(h) "Test failure" or "fails a test" refers to a person's having
results
of a test administered pursuant to this act, other than a preliminary
screening test, which show an alcohol concentration of
.08 or
greater in
the person's blood or breath, and
includes
failure of any such test on a military reservation.
(i) "Test refusal" or "refuses a test" refers to a person's
failure to
submit to or complete any test, other than a preliminary screening test, in
accordance with this act, and
includes refusal of any such test on a military
reservation.
(j) "Law enforcement officer" has the meaning provided by K.S.A. 21-3110,
and amendments thereto, and includes any person authorized by law to make an
arrest on a military reservation for an act which would constitute a violation
of K.S.A. 8-1567, and amendments thereto, if committed off a military
reservation in this state.
History: L. 1988, ch. 47, § 6;
L. 1993, ch. 259, § 5;
L. 2005, ch. 86, § 1; July 1.
Article 10.--DRIVING UNDER INFLUENCE OF ALCOHOL OR DRUGS; RELATED PROVISIONS
8-1013.Definitions.
As used in K.S.A. 8-1001 through 8-1010,
8-1011,
8-1012, 8-1014, 8-1015, 8-1016, 8-1017 and 8-1018, and
amendments thereto,
and this section:
(a) "Alcohol concentration" means the number of grams of alcohol per 100
milliliters of blood or per 210 liters of breath.
(b) (1) "Alcohol or drug-related conviction" means any of the following:
(A) Conviction of
vehicular battery or aggravated vehicular
homicide, if the crime is committed while committing a violation of K.S.A.
8-1567 and amendments thereto or the ordinance of a city or resolution of a
county in this state which prohibits any acts prohibited by that statute,
or conviction of
a violation of K.S.A. 8-1567 and amendments
thereto; (B) conviction of a violation of a law of another state which
would constitute a crime
described in subsection (b)(1)(A) if committed in this state; (C)
conviction of a violation of an ordinance of a city in this state or a
resolution of a county in this state
which would constitute a crime described in subsection
(b)(1)(A),
whether or not such conviction is in a court of record; or
(D) conviction of an act which was committed on a military
reservation and which would constitute a violation of K.S.A. 8-1567, and
amendments thereto, or would constitute a crime described in subsection
(b)(1)(A) if committed off a military reservation in this state.
(2) For the purpose of determining whether an occurrence is a first,
second or subsequent occurrence: (A) "Alcohol or drug-related conviction"
also includes entering
into a diversion agreement in lieu of further criminal proceedings on a
complaint alleging
commission of a
crime described in subsection (b)(1), including a diversion
agreement entered into prior to
the effective date of this act; and (B) it is irrelevant whether an offense
occurred before or after conviction or diversion for a previous offense.
(c) "Division" means the division of
vehicles of the department of revenue.
(d) "Ignition interlock device" means a device which uses a breath
analysis mechanism to prevent a person from operating a motor vehicle if
such person has consumed an alcoholic beverage.
(e) "Occurrence" means a test refusal, test failure or alcohol or
drug-related
conviction, or any combination thereof arising from one arrest, including
an arrest which occurred
prior to the effective day
of this act.
(f) "Other competent evidence" includes: (1) Alcohol
concentration tests obtained from samples taken two hours or more after the
operation or attempted operation of a vehicle; and (2) readings obtained
from a partial alcohol concentration test on a breath testing machine.
(g) "Samples" includes breath supplied directly for testing,
which
breath is not preserved.
(h) "Test failure" or "fails a test" refers to a person's having
results
of a test administered pursuant to this act, other than a preliminary
screening test, which show an alcohol concentration of
.08 or
greater in
the person's blood or breath, and
includes
failure of any such test on a military reservation.
(i) "Test refusal" or "refuses a test" refers to a person's
failure to
submit to or complete any test, other than a preliminary screening test, in
accordance with this act, and
includes refusal of any such test on a military
reservation.
(j) "Law enforcement officer" has the meaning provided by K.S.A. 21-3110,
and amendments thereto, and includes any person authorized by law to make an
arrest on a military reservation for an act which would constitute a violation
of K.S.A. 8-1567, and amendments thereto, if committed off a military
reservation in this state.
History: L. 1988, ch. 47, § 6;
L. 1993, ch. 259, § 5;
L. 2005, ch. 86, § 1; July 1.
Article 10.--DRIVING UNDER INFLUENCE OF ALCOHOL OR DRUGS; RELATED PROVISIONS
8-1013.Definitions.
As used in K.S.A. 8-1001 through 8-1010,
8-1011,
8-1012, 8-1014, 8-1015, 8-1016, 8-1017 and 8-1018, and
amendments thereto,
and this section:
(a) "Alcohol concentration" means the number of grams of alcohol per 100
milliliters of blood or per 210 liters of breath.
(b) (1) "Alcohol or drug-related conviction" means any of the following:
(A) Conviction of
vehicular battery or aggravated vehicular
homicide, if the crime is committed while committing a violation of K.S.A.
8-1567 and amendments thereto or the ordinance of a city or resolution of a
county in this state which prohibits any acts prohibited by that statute,
or conviction of
a violation of K.S.A. 8-1567 and amendments
thereto; (B) conviction of a violation of a law of another state which
would constitute a crime
described in subsection (b)(1)(A) if committed in this state; (C)
conviction of a violation of an ordinance of a city in this state or a
resolution of a county in this state
which would constitute a crime described in subsection
(b)(1)(A),
whether or not such conviction is in a court of record; or
(D) conviction of an act which was committed on a military
reservation and which would constitute a violation of K.S.A. 8-1567, and
amendments thereto, or would constitute a crime described in subsection
(b)(1)(A) if committed off a military reservation in this state.
(2) For the purpose of determining whether an occurrence is a first,
second or subsequent occurrence: (A) "Alcohol or drug-related conviction"
also includes entering
into a diversion agreement in lieu of further criminal proceedings on a
complaint alleging
commission of a
crime described in subsection (b)(1), including a diversion
agreement entered into prior to
the effective date of this act; and (B) it is irrelevant whether an offense
occurred before or after conviction or diversion for a previous offense.
(c) "Division" means the division of
vehicles of the department of revenue.
(d) "Ignition interlock device" means a device which uses a breath
analysis mechanism to prevent a person from operating a motor vehicle if
such person has consumed an alcoholic beverage.
(e) "Occurrence" means a test refusal, test failure or alcohol or
drug-related
conviction, or any combination thereof arising from one arrest, including
an arrest which occurred
prior to the effective day
of this act.
(f) "Other competent evidence" includes: (1) Alcohol
concentration tests obtained from samples taken two hours or more after the
operation or attempted operation of a vehicle; and (2) readings obtained
from a partial alcohol concentration test on a breath testing machine.
(g) "Samples" includes breath supplied directly for testing,
which
breath is not preserved.
(h) "Test failure" or "fails a test" refers to a person's having
results
of a test administered pursuant to this act, other than a preliminary
screening test, which show an alcohol concentration of
.08 or
greater in
the person's blood or breath, and
includes
failure of any such test on a military reservation.
(i) "Test refusal" or "refuses a test" refers to a person's
failure to
submit to or complete any test, other than a preliminary screening test, in
accordance with this act, and
includes refusal of any such test on a military
reservation.
(j) "Law enforcement officer" has the meaning provided by K.S.A. 21-3110,
and amendments thereto, and includes any person authorized by law to make an
arrest on a military reservation for an act which would constitute a violation
of K.S.A. 8-1567, and amendments thereto, if committed off a military
reservation in this state.
History: L. 1988, ch. 47, § 6;
L. 1993, ch. 259, § 5;
L. 2005, ch. 86, § 1; July 1.