8-1567a. Driving under the influence of alcohol or drugs by any person less than 21 years of age; blood alcohol concentration; penalties. (a) It shall be unlawful for any person less than 21 years of age to operate or attempt to operate a vehicle in this state with a breath or blood alcohol content of .02 or greater.
(b) Whenever a law enforcement officer determines that a breath or blood alcohol test is to be required of a person less than 21 years of age pursuant to K.S.A. 8-1001 or K.S.A. 8-2,142, and amendments thereto, in addition to any other notices required by law, the law enforcement officer shall provide written and oral notice that: (1) It is unlawful for any person less than 21 years of age to operate or attempt to operate a vehicle in this state with a breath or blood alcohol content of .02 or greater; and (2) if the person is less than 21 years of age at the time of the test request and submits to and completes the test or tests and the test results show an alcohol concentration of .02 or greater, but less than .08, on the person's first occurrence, the person's driving privileges will be suspended for 30 days and on the person's second or subsequent occurrence, the person's driving privileges shall be suspended for one year.
(c) Any suspension and restriction of driving privileges pursuant to this section shall be in addition to any disqualification from driving a commercial motor vehicle pursuant to K.S.A. 8-2,142, and amendments thereto.
(d) Whenever a breath or blood alcohol test is requested pursuant to K.S.A. 8-1001, and amendments thereto, from a person less than 21 years of age, and results in a test result of .02 or greater, but less than .08, a law enforcement officer's certification under this section shall be prepared. The certification required by this section shall be signed by one or more officers to certify that:
(1) (A) There existed reasonable grounds to believe the person was operating a vehicle while under the influence of alcohol or drugs, or both, or to believe that the person had been driving a commercial motor vehicle, as defined in K.S.A. 8-2,128, and amendments thereto, while having alcohol or other drugs in such person's system or was under the age of 21 years and was operating or attempting to operate a vehicle while having alcohol or other drugs in such person's system; (B) the person had been placed under arrest, was in custody or had been involved in a vehicle accident or collision; (C) a law enforcement officer had presented the person with the oral and written notice required by K.S.A. 8-1001, and amendments thereto, and the oral and written notice required by this section; (D) that the person was less than 21 years of age at the time of the test request; and (E) the result of the test showed that the person had an alcohol concentration of .02 or greater in such person's blood or breath.
(2) With regard to a breath test, in addition to those matters required to be certified under subsection (d)(1), that: (A) The testing equipment used was certified by the Kansas department of health and environment; (B) the testing procedures used were in accordance with the requirements set out by the Kansas department of health and environment; and (C) the person who operated the testing equipment was certified by the Kansas department of health and environment to operate such equipment.
(e) If a hearing is requested as a result of a law enforcement officer's certification under this section, the scope of the hearing shall be limited to whether: (1) A law enforcement officer had reasonable grounds to believe the person was operating a vehicle while under the influence of alcohol or drugs, or both, or to believe that the person had been driving a commercial motor vehicle, as defined in K.S.A. 8-2,128, and amendments thereto, while having alcohol or other drugs in such person's system or was under the age of 21 years and was operating or attempting to operate a vehicle while having alcohol or other drugs in such person's system; (2) the person had been placed under arrest, was in custody or was involved in a motor vehicle accident or collision resulting in property damage, personal injury or death; (3) a law enforcement officer had presented the person with the oral and written notice required by K.S.A. 8-1001, and amendments thereto, and the oral and written notice required by this section; (4) the testing equipment used was reliable; (5) the person who operated the testing equipment was qualified; (6) the testing procedures used were reliable; (7) the test result determined that the person had an alcohol concentration of .02 or greater in such person's blood or breath; (8) the person was operating a vehicle; and (9) the person was less than 21 years of age at the time a test was requested.
(f) If a person less than 21 years of age submits to a breath or blood alcohol test requested pursuant to K.S.A. 8-1001 or K.S.A. 8-2,142, and amendments thereto, and produces a test result of .02 or greater, but less than .08, on the person's first occurrence, the person's driving privileges shall be suspended for 30 days and then restricted as provided by K.S.A. 8-1015, and amendments thereto, for an additional 330 days, and on the person's second or subsequent occurrence, the person's driving privileges shall be suspended for one year.
(g) Except where there is a conflict between this section and K.S.A. 8-1001 and 8-1002, and amendments thereto, the provisions of K.S.A. 8-1001 and 8-1002, and amendments thereto, shall be applicable to proceedings under this section.
(h) Any determination under this section that a person less than 21 years of age had a test result of .02 or greater, but less than .08, and any resulting administrative action upon the person's driving privileges, upon the first occurrence of such test result and administrative action, shall not be considered by any insurance company in determining the rate charged for any automobile liability insurance policy or whether to cancel any such policy under the provisions of subsection (4)(a) of K.S.A. 40-277, and amendments thereto.
History: L. 1996, ch. 216, § 1; L. 1999, ch. 125, § 19; 1999, ch. 169, § 2; L. 2001, ch. 200, § 8; L. 2013, ch. 122, § 7; July 1.
Structure Kansas Statutes
Chapter 8 - Automobiles And Other Vehicles
Article 15 - Uniform Act Regulating Traffic; Rules Of The Road
8-1501 Application of sections in article 15.
8-1503 Required obedience to lawful order of police officer or fireman; misdemeanor.
8-1504 Rights and duties of person riding animal or driving animal-drawn vehicle.
8-1505 Application of traffic laws to highway construction or maintenance operations.
8-1506 Authorized emergency vehicles; rights, duties and liability of drivers thereof.
8-1507 Official traffic-control devices; required obedience; placement; presumptions.
8-1508 Traffic-control signal legend.
8-1509 Pedestrian control signals.
8-1510 Flashing traffic signals.
8-1511 Lane-direction-control signals.
8-1512 Placement, maintenance or display of unauthorized signs, signals, markings or devices.
8-1513 Interference with official traffic-control devices or railroad signs or signals; misdemeanor.
8-1514 Driving on right side of roadway required; exceptions.
8-1515 Overtaking and passing; vehicles proceeding in opposite directions.
8-1516 Same; vehicles and bicycles proceeding in same direction.
8-1517 Same; when passing on the right permitted; transit bus authorized on right shoulder.
8-1518 Same; limitations on passing on the left.
8-1519 Driving on left side of roadway prohibited; exceptions.
8-1522 Driving on roadways laned for traffic; driving in right lane required; exceptions.
8-1523 Following another vehicle too closely.
8-1525 Regulation and restrictions on use of controlled-access highways and facilities; misdemeanor.
8-1526 Right-of-way; approaching or entering intersection.
8-1528 Stop signs and yield signs; duties of drivers.
8-1529 Vehicle entering or crossing roadway.
8-1530 Duty of driver upon approach of authorized emergency vehicle.
8-1531 Highway construction or maintenance operations; duty of driver.
8-1531a Road construction zone, failing to comply with traffic regulations in.
8-1532 Pedestrians; obedience to official traffic-control devices required.
8-1533 Same; right-of-way at crosswalks; interference with vehicular traffic; duties of drivers.
8-1534 Same; crossing roadway at location other than crosswalk.
8-1535 Same; drivers to exercise due care.
8-1536 Same; movement in crosswalk.
8-1538 Soliciting rides, business or contributions; exception.
8-1539 Driving through safety zone prohibited.
8-1540 Pedestrians' right-of-way on sidewalks.
8-1541 Pedestrians must yield right-of-way to authorized emergency vehicle.
8-1542 Blind pedestrian's right-of-way.
8-1543 Pedestrians under influence of alcohol or drugs; misdemeanor.
8-1544 Obedience of pedestrian to bridge and railroad signals required.
8-1545 Required position and method of turning vehicles.
8-1546 Limitations on "U" turns.
8-1547 Starting parked vehicle.
8-1548 Turning movements and required signals.
8-1549 Methods of giving notice of intention to turn.
8-1550 Same; hand and arm signals.
8-1551 Obedience to signal indicating approach of train or other on-track equipment.
8-1552 Designation of dangerous railroad grade crossings; vehicles required to stop, when.
8-1553 Certain vehicles required to stop at railroad grade crossings; exceptions.
8-1554 Moving heavy equipment at railroad grade crossings; notice to railroad's station agent.
8-1555 Vehicle emerging from alley, building, private road or driveway.
8-1556a Passing church and day care program buses; use of signals.
8-1557 Basic rule governing speed of vehicles.
8-1560a Wabaunsee county improvement district speed limits; how fixed; local authority status.
8-1560b Maximum and minimum speed limits fixed by Kansas turnpike authority.
8-1560c Certain violations of maximum speed limits not construed as moving traffic violations.
8-1560e Rural school zone speed limits.
8-1561 Minimum speed regulation.
8-1562 Special speed limitation on motor-driven cycles.
8-1565 Racing on highways; misdemeanor.
8-1566 Reckless driving, penalties.
8-1567 Driving under the influence; penalties.
8-1568 Fleeing or attempting to elude a police officer; penalties.
8-1569 Stopping, standing or parking outside of business or residence district.
8-1570 Authority of police officer to remove vehicle in violation of 8-1569 from highway.
8-1571 Stopping, standing or parking prohibited in specified places.
8-1572 Additional parking regulations; powers of secretary and local authorities.
8-1573 Unattended motor vehicle.
8-1574 Limitations on backing vehicle.
8-1576 Driving vehicle prohibited when driver's view or driving mechanism obstructed.
8-1577 Opening and closing vehicle doors.
8-1578 Riding in house trailer or mobile or manufactured home prohibited.
8-1578a Riding on vehicle prohibited, when; exceptions.
8-1579 Driving in defiles or canyons or on steep grades.
8-1581 Following fire apparatus prohibited.
8-1582 Driving over fire hose prohibited.
8-1583 Putting glass, etc., on highway prohibited.
8-1584 Restrictions on driving into intersection or crosswalk or onto railroad grade crossing.
8-1585 Limitations on operation of snowmobile.
8-1586 Unlawful acts; application of regulations.
8-1587 Traffic laws apply to persons riding bicycles.
8-1589 Same; clinging to other vehicles prohibited.
8-1590 Riding on bicycles or mopeds; riding on roadways and bicycle paths.
8-1591 Same; carrying articles.
8-1592 Lamps, brakes and other equipment on bicycles.
8-1592a Application of 8-1586 to 8-1592 to motorized bicycles.
8-1593 Rights and duties of persons riding motorcycles.
8-1594 Operation of motorcycles.
8-1595 Same; roadways laned for traffic.
8-1596 Same; clinging to other vehicles prohibited.
8-1597 Same; equipment on motorcycles for passengers.
8-1598 Operation of motorcycles; equipment required for operators and riders.
8-15,100 Operation of all-terrain vehicles; where; when; exceptions.
8-15,101 Unlawful operation of low-speed vehicle.
8-15,103 Failure to obey school crossing guard.
8-15,104 School crossing guards; appointment; training; limitations.
8-15,106 Operation of micro utility trucks; where; when.
8-15,107 Removal of vehicles obstructing traffic; requirements.
8-15,108 Operation of golf cart; where; when.
8-15,109 Operation of work-site utility vehicle; where; when; exceptions.
8-15,110 Covering license plate with plastic-like material.
8-15,111 Text messaging, prohibited; exceptions.
8-15,112 Unlawful passing of a waste collection vehicle.
8-15,113 Operation of electric-assisted scooter; where; exceptions.
8-15,114 Unlawful passing of an authorized utility or telecommunications vehicle.