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.
Structure Kansas Statutes
Chapter 8 - Automobiles And Other Vehicles
Article 10 - Driving Under Influence Of Alcohol Or Drugs; Related Provisions
8-1002 Test refusal or failure; suspension of license; notice; procedure.
8-1004 Same; additional test by own physician; effect of denial.
8-1005 Evidence; test results admissible in prosecutions; weight to be given evidence.
8-1006 Same; submission of other evidence; preservation of samples not required.
8-1007 Same; act supplemental; invalidity of part.
8-1009 Determination by prosecuting attorney of whether diversion agreement to be allowed.
8-1010 Severability of Laws of 1982, ch. 144.
8-1015 Same; authorized restrictions of driving privileges; ignition interlock device.
8-1017 Circumvention of ignition interlock device; penalty.
8-1019 Victim impact statement and restitution requirements.
8-1020 Administrative hearing; requirements; procedure.
8-1022 Permitting driving in violation of 8-1014; penalties.
8-1024 Immunity from liability for persons and entities involved in testing.