32-1134. Same; tests for alcohol or drugs, use as evidence. In any criminal prosecution for violation of the laws of this state relating to operating or attempting to operate a vessel while under the influence of alcohol or drugs, or both, or the commission of 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 vessel 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 safely operating a vessel.
(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 operating a vessel, 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 safely operating a vessel.
History: L. 1987, ch. 403, § 5; L. 1999, ch. 113, § 2; July 1.
Structure Kansas Statutes
Chapter 32 - Wildlife, Parks And Recreation
Article 11 - Boating And Water Activities
32-1103 Applicable laws; rules and regulations.
32-1104 Annual reports to county assessors.
32-1110 Display of number on vessel.
32-1112 Dealer certificates of number.
32-1115 Identification numbers; unlawful acts.
32-1117 Handmade vessels; assignment of number and issuance of decals; display; fee.
32-1119 Classes; light and other equipment requirements; prohibited operation.
32-1120 Restrictions on motorboat exhaust noise; compliance; penalties.
32-1125 Operation prohibitions.
32-1127 Application of stability test criteria, when.
32-1128 Water skis and surfboards; requirements.
32-1129 Personal flotation devices required, when; violations, penalty.
32-1130 Operating a vessel under the influence of alcohol or drugs; definitions.
32-1131 Operating vessel under influence of alcohol or drugs; crime.
32-1132 Tests for alcohol or drugs; procedures.
32-1133 Same; additional test by own physician.
32-1134 Same; tests for alcohol or drugs, use as evidence.
32-1135 Same; submission of other evidence.
32-1136 Immunity from liability for damage to vessel.
32-1138 Same; preliminary screening test.
32-1139 Boating safety education, certificate of completion required for certain operators.
32-1140 Same; approval, development and coordination by secretary; fee.
32-1141 Same; certificate of completion; issuance; revocation; reciprocity.
32-1142 Same; liability insurance for persons conducting course.
32-1143 Sections part of article 11.
32-1148 Boat liveries; duties.
32-1149 Regattas and other water events.
32-1150 Scuba diving; rules and regulations.
32-1152 Sanitation; toilet facilities.
32-1153 Same; sewage disposal.
32-1154 Same; rules and regulations.
32-1155 Applications for license of vessels to indicate presence of marine toilets.
32-1156 Abandonment of a vessel; removal from public waterway, when.
32-1159 Preservation of evidence of criminal offenses; liability for storage fees.
32-1166 Vessels exempt from provisions of act.
32-1174 Boating safety financial assistance fund.
32-1178 Same; transmittal to federal agency.