8-1012. Preliminary screening test of breath or oral fluid; request by officer, reasonable suspicion; use of results of test; additional tests; approved devices. (a) A law enforcement officer may request a person who is operating or attempting to operate a vehicle within this state to submit to a preliminary screening test of the person's breath or oral fluid, or both, if the officer has reasonable suspicion to believe the person has been operating or attempting to operate a vehicle while under the influence of alcohol or drugs or both alcohol and drugs.
(b) If the person submits to the test, the results shall be used for the purpose of assisting law enforcement officers in determining whether an arrest should be made and whether to request the tests authorized by K.S.A. 8-1001, and amendments thereto. A law enforcement officer may arrest a person based in whole or in part upon the results of a preliminary screening test. Such results shall not be admissible in any civil or criminal action concerning the operation of or attempted operation of a vehicle except to aid the court or hearing officer in determining a challenge to the validity of the arrest or the validity of the request to submit to a test pursuant to K.S.A. 8-1001, and amendments thereto. Following the preliminary screening test, additional tests may be requested pursuant to K.S.A. 8-1001, and amendments thereto.
(c) Any preliminary screening of a person's breath shall be conducted with a device approved pursuant to K.S.A. 65-1,107, and amendments thereto. Any preliminary screening of a person's oral fluid shall be conducted in accordance with rules and regulations, if any, approved pursuant to K.S.A. 75-712h, and amendments thereto.
History: L. 1986, ch. 40, § 1; L. 1993, ch. 259, § 4; L. 2005, ch. 172, § 3; L. 2006, ch. 173, § 2; L. 2006, ch. 211, § 1; L. 2011, ch. 105, § 12; L. 2012, ch. 172, § 14; L. 2019, ch. 13, § 2; April 18.
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.