8-2,144.Commercial motor vehicles; driving under
influence of alcohol or
drugs; blood alcohol concentration; penalties.
(a) No person shall drive any commercial motor vehicle, as
defined in K.S.A. 8-2,128, and amendments thereto, within this state
while:
(1) The alcohol concentration in the person's blood or breath, as shown by
any competent evidence, including other competent evidence, as defined in
paragraph (1) of subsection (f) of K.S.A. 8-1013, and amendments thereto, is
.04 or more;
(2) the alcohol concentration in the person's blood or breath, as measured
within two hours of the time of driving a commercial motor vehicle, is .04 or
more; or
(3) committing a violation of subsection (a) of K.S.A. 8-1567, and
amendments thereto, or the ordinance of a city or resolution of a county which
prohibits any of the acts prohibited thereunder.
(b) Upon a
first conviction of a violation of this section, a person shall be guilty of a
class B, nonperson misdemeanor and sentenced to not less than 48 consecutive
hours nor more than six months' imprisonment, or in the court's discretion, 100
hours of public service, and fined not less than $500 nor more than $1,000. The
person convicted must serve at least 48 consecutive hours' imprisonment or 100
hours of public service either before or as a condition of any grant of
probation or suspension, reduction of sentence or parole. In addition, the
court shall enter an order which requires that the person enroll in and
successfully complete an alcohol and drug safety action education program or
treatment program as provided in K.S.A. 8-1008, and amendments thereto, or both
the education and treatment programs.
(c) On a second conviction of a violation of this section, a person shall be
guilty of a class A, nonperson misdemeanor and sentenced to not less than 90
days nor more than one year's imprisonment and fined not less than $1,000 nor
more than $1,500. The person convicted must serve at least five consecutive
days' imprisonment before the person is granted probation, suspension or
reduction of sentence or parole or is otherwise released. The five days'
imprisonment mandated by this subsection may be served in a work release
program only after such person has served 48 consecutive hours' imprisonment,
provided such work release program requires such person to return to
confinement at the end of each day in the work release program. The court may
place the person convicted under a house arrest program pursuant to K.S.A.
21-4603b, and amendments thereto, to serve the remainder of the minimum
sentence only after such person has served 48 consecutive hours' imprisonment.
As a condition of any grant of probation, suspension of sentence or parole or
of any other release, the person shall be required to enter into and complete a
treatment program for alcohol and drug abuse as provided in K.S.A. 8-1008, and
amendments thereto.
(d) On the third conviction of a violation of this section, a person shall be
guilty of a nonperson felony and sentenced to not less than 90 days nor more
than one year's imprisonment and fined not less than $1,500 nor more than
$2,500. The person convicted shall not be eligible for release on probation,
suspension or reduction of sentence or parole until the person has served at
least 90 days' imprisonment. The court also requires as a condition of parole
that such person enter into and complete a treatment program for alcohol and
drug abuse as provided by K.S.A. 8-1008, and amendments thereto. The 90 days'
imprisonment mandated by this subsection may be served in a work release
program
only after such person has served 48 consecutive hours' imprisonment provided
such work release program requires such person to return to confinement at the
end of each day in the work release program. The court may place the person
convicted under a house arrest program pursuant to K.S.A. 21-4603b, and
amendments thereto, to serve the remainder of the minimum sentence only after
such person has served 48 consecutive hours' imprisonment.
(e) The court shall report every conviction of a violation
of this section
to the division. Prior to sentencing under the provisions of this section, the
court shall request and shall receive from the division a record of all prior
convictions obtained against such person for any violation of any of the motor
vehicle laws of this state.
(f) Upon conviction of a person of a violation of this
section or a
violation of a city ordinance or county resolution prohibiting the acts
prohibited by this section, the division, upon receiving a report of
conviction, shall disqualify the person from driving a commercial motor vehicle
under K.S.A. 8-2,142, and amendments thereto.
(g) For the purpose of this section, "alcohol
concentration" means the
number of grams of alcohol per 100 milliliters of blood or per 210 liters of
breath.
History: L. 1991, ch. 36, § 1;
L. 2006, ch. 173, § 5; July 1.
8-2,144.Commercial motor vehicles; driving under
influence of alcohol or
drugs; blood alcohol concentration; penalties.
(a) No person shall drive any commercial motor vehicle, as
defined in K.S.A. 8-2,128, and amendments thereto, within this state
while:
(1) The alcohol concentration in the person's blood or breath, as shown by
any competent evidence, including other competent evidence, as defined in
paragraph (1) of subsection (f) of K.S.A. 8-1013, and amendments thereto, is
.04 or more;
(2) the alcohol concentration in the person's blood or breath, as measured
within two hours of the time of driving a commercial motor vehicle, is .04 or
more; or
(3) committing a violation of subsection (a) of K.S.A. 8-1567, and
amendments thereto, or the ordinance of a city or resolution of a county which
prohibits any of the acts prohibited thereunder.
(b) Upon a
first conviction of a violation of this section, a person shall be guilty of a
class B, nonperson misdemeanor and sentenced to not less than 48 consecutive
hours nor more than six months' imprisonment, or in the court's discretion, 100
hours of public service, and fined not less than $500 nor more than $1,000. The
person convicted must serve at least 48 consecutive hours' imprisonment or 100
hours of public service either before or as a condition of any grant of
probation or suspension, reduction of sentence or parole. In addition, the
court shall enter an order which requires that the person enroll in and
successfully complete an alcohol and drug safety action education program or
treatment program as provided in K.S.A. 8-1008, and amendments thereto, or both
the education and treatment programs.
(c) On a second conviction of a violation of this section, a person shall be
guilty of a class A, nonperson misdemeanor and sentenced to not less than 90
days nor more than one year's imprisonment and fined not less than $1,000 nor
more than $1,500. The person convicted must serve at least five consecutive
days' imprisonment before the person is granted probation, suspension or
reduction of sentence or parole or is otherwise released. The five days'
imprisonment mandated by this subsection may be served in a work release
program only after such person has served 48 consecutive hours' imprisonment,
provided such work release program requires such person to return to
confinement at the end of each day in the work release program. The court may
place the person convicted under a house arrest program pursuant to K.S.A.
21-4603b, and amendments thereto, to serve the remainder of the minimum
sentence only after such person has served 48 consecutive hours' imprisonment.
As a condition of any grant of probation, suspension of sentence or parole or
of any other release, the person shall be required to enter into and complete a
treatment program for alcohol and drug abuse as provided in K.S.A. 8-1008, and
amendments thereto.
(d) On the third conviction of a violation of this section, a person shall be
guilty of a nonperson felony and sentenced to not less than 90 days nor more
than one year's imprisonment and fined not less than $1,500 nor more than
$2,500. The person convicted shall not be eligible for release on probation,
suspension or reduction of sentence or parole until the person has served at
least 90 days' imprisonment. The court also requires as a condition of parole
that such person enter into and complete a treatment program for alcohol and
drug abuse as provided by K.S.A. 8-1008, and amendments thereto. The 90 days'
imprisonment mandated by this subsection may be served in a work release
program
only after such person has served 48 consecutive hours' imprisonment provided
such work release program requires such person to return to confinement at the
end of each day in the work release program. The court may place the person
convicted under a house arrest program pursuant to K.S.A. 21-4603b, and
amendments thereto, to serve the remainder of the minimum sentence only after
such person has served 48 consecutive hours' imprisonment.
(e) The court shall report every conviction of a violation
of this section
to the division. Prior to sentencing under the provisions of this section, the
court shall request and shall receive from the division a record of all prior
convictions obtained against such person for any violation of any of the motor
vehicle laws of this state.
(f) Upon conviction of a person of a violation of this
section or a
violation of a city ordinance or county resolution prohibiting the acts
prohibited by this section, the division, upon receiving a report of
conviction, shall disqualify the person from driving a commercial motor vehicle
under K.S.A. 8-2,142, and amendments thereto.
(g) For the purpose of this section, "alcohol
concentration" means the
number of grams of alcohol per 100 milliliters of blood or per 210 liters of
breath.
History: L. 1991, ch. 36, § 1;
L. 2006, ch. 173, § 5; July 1.
8-2,144.Commercial motor vehicles; driving under
influence of alcohol or
drugs; blood alcohol concentration; penalties.
(a) No person shall drive any commercial motor vehicle, as
defined in K.S.A. 8-2,128, and amendments thereto, within this state
while:
(1) The alcohol concentration in the person's blood or breath, as shown by
any competent evidence, including other competent evidence, as defined in
paragraph (1) of subsection (f) of K.S.A. 8-1013, and amendments thereto, is
.04 or more;
(2) the alcohol concentration in the person's blood or breath, as measured
within two hours of the time of driving a commercial motor vehicle, is .04 or
more; or
(3) committing a violation of subsection (a) of K.S.A. 8-1567, and
amendments thereto, or the ordinance of a city or resolution of a county which
prohibits any of the acts prohibited thereunder.
(b) Upon a
first conviction of a violation of this section, a person shall be guilty of a
class B, nonperson misdemeanor and sentenced to not less than 48 consecutive
hours nor more than six months' imprisonment, or in the court's discretion, 100
hours of public service, and fined not less than $500 nor more than $1,000. The
person convicted must serve at least 48 consecutive hours' imprisonment or 100
hours of public service either before or as a condition of any grant of
probation or suspension, reduction of sentence or parole. In addition, the
court shall enter an order which requires that the person enroll in and
successfully complete an alcohol and drug safety action education program or
treatment program as provided in K.S.A. 8-1008, and amendments thereto, or both
the education and treatment programs.
(c) On a second conviction of a violation of this section, a person shall be
guilty of a class A, nonperson misdemeanor and sentenced to not less than 90
days nor more than one year's imprisonment and fined not less than $1,000 nor
more than $1,500. The person convicted must serve at least five consecutive
days' imprisonment before the person is granted probation, suspension or
reduction of sentence or parole or is otherwise released. The five days'
imprisonment mandated by this subsection may be served in a work release
program only after such person has served 48 consecutive hours' imprisonment,
provided such work release program requires such person to return to
confinement at the end of each day in the work release program. The court may
place the person convicted under a house arrest program pursuant to K.S.A.
21-4603b, and amendments thereto, to serve the remainder of the minimum
sentence only after such person has served 48 consecutive hours' imprisonment.
As a condition of any grant of probation, suspension of sentence or parole or
of any other release, the person shall be required to enter into and complete a
treatment program for alcohol and drug abuse as provided in K.S.A. 8-1008, and
amendments thereto.
(d) On the third conviction of a violation of this section, a person shall be
guilty of a nonperson felony and sentenced to not less than 90 days nor more
than one year's imprisonment and fined not less than $1,500 nor more than
$2,500. The person convicted shall not be eligible for release on probation,
suspension or reduction of sentence or parole until the person has served at
least 90 days' imprisonment. The court also requires as a condition of parole
that such person enter into and complete a treatment program for alcohol and
drug abuse as provided by K.S.A. 8-1008, and amendments thereto. The 90 days'
imprisonment mandated by this subsection may be served in a work release
program
only after such person has served 48 consecutive hours' imprisonment provided
such work release program requires such person to return to confinement at the
end of each day in the work release program. The court may place the person
convicted under a house arrest program pursuant to K.S.A. 21-4603b, and
amendments thereto, to serve the remainder of the minimum sentence only after
such person has served 48 consecutive hours' imprisonment.
(e) The court shall report every conviction of a violation
of this section
to the division. Prior to sentencing under the provisions of this section, the
court shall request and shall receive from the division a record of all prior
convictions obtained against such person for any violation of any of the motor
vehicle laws of this state.
(f) Upon conviction of a person of a violation of this
section or a
violation of a city ordinance or county resolution prohibiting the acts
prohibited by this section, the division, upon receiving a report of
conviction, shall disqualify the person from driving a commercial motor vehicle
under K.S.A. 8-2,142, and amendments thereto.
(g) For the purpose of this section, "alcohol
concentration" means the
number of grams of alcohol per 100 milliliters of blood or per 210 liters of
breath.
History: L. 1991, ch. 36, § 1;
L. 2006, ch. 173, § 5; July 1.
