As Amended by House Committee
Session of 2000
SENATE BILL No. 429
By Committee on Transportation and Tourism
1-18
11 AN ACT relating
to driving under the influence of alcohol or
drugs; con-
12 cerning suspension of
drivers' licenses; amending K.S.A. 8-258 and
13 8-285 and
K.S.A. 1999 Supp. 8-255, 8-262, 8-1001
and, 8-1014 and
14 41-727 and
repealing the existing sections.
15
16 Be it enacted by the Legislature of the
State of Kansas:
17 New Section 1. (a)
Whenever a nonresident or a person who
18 is unlicensed is convicted of any
offense or is subject to a juvenile
19 adjudication or an order of the division
which would require the
20 revocation or suspension of a driver's
license, if the person had
21 been issued a driver's license by the
division, such nonresident's
22 privilege to operate a motor vehicle in
this state or such unlicensed
23 person's privilege of obtaining a
driver's license issued by the di-
24 vision shall be revoked or suspended.
Such revocation or suspen-
25 sion shall be for a period of time equal
to the period of time that
26 the driver's license of a licensed
driver would be revoked or sus-
27 pended. If the driving privileges of a
licensed driver would be
28 restricted by a court or the division,
the driving privileges of a
29 nonresident shall be restricted in the
same manner. If the driving
30 privileges of a licensed driver would be
restricted by a court or the
31 division, an unlicensed driver shall be
eligible to apply for a
32 driver's license during the period of
restriction, but any license
33 issued shall be subject to the same
restrictions which would apply
34 to a licensed driver.
35 (b) The
division is hereby authorized to create a record with
36 an identifying number and other
identifying information, includ-
37 ing address and date of birth, if known,
for any nonresident or
38 unlicensed driver subject to paragraph
(a) of this section. Such
39 record shall include information showing
any revocation, suspen-
40 sion or restriction entered under
paragraph (a) and the reason for
41 such action in the same manner that
records are maintained for
42 licensed drivers, pursuant to K.S.A.
8-249 and amendments
43 thereto. If any such person becomes a
licensed driver, the infor-
2
1 mation contained in such record
shall be included in the person's
2 driving record maintained by the
division.
3 (c) The
purpose of this section is to make nonresident and un-
4 licensed drivers subject to the
same driving sanctions as licensed
5 residents.
6 (d) This
section shall be part of and supplemental to the motor
7 vehicle drivers' license act,
article 2 of chapter 8 of the Kansas
8 Statutes Annotated, and amendments
thereto.
9 Sec.
2. K.S.A. 1999 Supp. 8-255 is hereby amended to read
as
10 follows: 8-255. (a) The division is
authorized to suspend or revoke
11 a person's driving privileges upon a
showing by its records or other
12 sufficient evidence the person:
13 (1) Has been
convicted with such frequency of serious offenses
14 against traffic regulations governing
the movement of vehicles as
15 to indicate a disrespect for traffic
laws and a disregard for the
16 safety of other persons on the
highways;
17 (2) has been
convicted of three or more moving traffic viola-
18 tions committed on separate occasions
within a 12-month period;
19 (3) is
incompetent to drive a motor vehicle;
20 (4) has been
convicted of a moving traffic violation, committed
21 at a time when the person's driving
privileges were suspended or
22 revoked; or
23 (5) is a
member of the armed forces of the United States sta-
24 tioned at a military installation
located in the state of Kansas, and
25 the authorities of the military
establishment certify that such per-
26 son's on-base driving privileges have
been suspended, by action of
27 the proper military authorities, for
violating the rules and regu-
28 lations of the military installation
governing the movement of ve-
29 hicular traffic or for any other reason
relating to the person's in-
30 ability to exercise ordinary and
reasonable control in the operation
31 of a motor vehicle.
32 (b) The
division shall suspend a person's driving privileges
33 when required by K.S.A. 8-262
or, 8-1014 or 41-727, and
amend-
34 ments thereto, and shall disqualify a
person's privilege to drive
35 commercial motor vehicles when required
by K.S.A. 8-2,142, and
36 amendments thereto.
37 (c) When the
action by the division suspending, revoking or
38 disqualifying a person's driving
privileges is based upon a report
39 of a conviction or convictions from a
convicting court, the person
40 may not request a hearing but, within 30
days after notice of sus-
41 pension, revocation or disqualification
is mailed, may submit a
42 written request for administrative
review and provide evidence to
43 the division to show the person whose
driving privileges have been
3
1 suspended, revoked or disqualified
by the division was not con-
2 victed of the offense upon which
the suspension, revocation or
3 disqualification is based. Within
30 days of its receipt of the re-
4 quest for administrative review,
the division shall notify the person
5 whether the suspension, revocation
or disqualification has been
6 affirmed or set aside. The request
for administrative review shall
7 not stay any action taken by the
division.
8 (d) Upon
suspending, revoking or disqualifying the driving
9 privileges of any person as
authorized by this act, the division shall
10 immediately notify the person in
writing. Except as provided by
11 K.S.A. 8-1002 and 8-2,145, and
amendments thereto, and subsec-
12 tion (c) of this section, if the person
makes a written request for
13 hearing within 30 days after such notice
of suspension or revoca-
14 tion is mailed, the division shall
afford the person an opportunity
15 for a hearing as early as practical not
sooner than five days nor
16 more than 30 days after such request is
mailed. If the division has
17 not revoked or suspended the person's
driving privileges or vehi-
18 cle registration prior to the hearing,
the hearing may be held
19 within not to exceed 45 days. Except as
provided by K.S.A. 8-1002
20 and 8-2,145, and amendments thereto, the
hearing shall be held
21 in the person's county of residence or a
county adjacent thereto,
22 unless the division and the person agree
that the hearing may be
23 held in some other county. Upon the
hearing, the director or the
24 director's duly authorized agent may
administer oaths and may
25 issue subpoenas for the attendance of
witnesses and the produc-
26 tion of relevant books and papers and
may require an examination
27 or reexamination of the person. When the
action proposed or
28 taken by the division is authorized but
not required, the division,
29 upon the hearing, shall either rescind
or affirm its order of sus-
30 pension or revocation or, good cause
appearing therefor, extend
31 the suspension of the person's driving
privileges, modify the terms
32 of the suspension or revoke the person's
driving privileges. When
33 the action proposed or taken by the
division is required, the divi-
34 sion, upon the hearing, shall either
affirm its order of suspension,
35 revocation or disqualification, or, good
cause appearing therefor,
36 dismiss the administrative action. If
the person fails to request a
37 hearing within the time prescribed or
if, after a hearing, the order
38 of suspension, revocation or
disqualification is upheld, the person
39 shall surrender to the division, upon
proper demand, any driver's
40 license in the person's
possession.
41 (e) In case of
failure on the part of any person to comply with
42 any subpoena issued in behalf of the
division or the refusal of any
43 witness to testify to any matters
regarding which the witness may
4
1 be lawfully interrogated, the
district court of any county, on ap-
2 plication of the division, may
compel obedience by proceedings
3 for contempt, as in the case of
disobedience of the requirements
4 of a subpoena issued from the
court or a refusal to testify in the
5 court. Each witness who appears
before the director or the direc-
6 tor's duly authorized agent by
order or subpoena, other than an
7 officer or employee of the state
or of a political subdivision of the
8 state, shall receive for the
witness' attendance the fees and mileage
9 provided for witnesses in civil
cases in courts of record, which shall
10 be audited and paid upon the
presentation of proper vouchers
11 sworn to by the witness.
12 (f) The
division, in the interest of traffic and safety, may estab-
13 lish driver improvement clinics
throughout the state and, upon
14 reviewing the driving record of a person
whose driving privileges
15 are subject to suspension under
subsection (a)(2), may permit the
16 person to retain such person's driving
privileges by attending a
17 driver improvement clinic. A person who
is required to attend a
18 driver improvement clinic shall pay a
fee of $15. Amounts received
19 under this subsection shall be remitted
at least monthly to the state
20 treasurer who shall deposit the same in
the state treasury and shall
21 be credited to the division of vehicles
operating fund.
22 Sec.
3. K.S.A. 8-258 is hereby amended to read as follows:
8-
23 258. Any resident or nonresident, whose
license to operate a motor
24 vehicle in this state has been suspended
or revoked as provided in
25 this act, or whose privilege to
obtain a driver's license has been suspended
26 or revoked pursuant to section 1, and
amendments thereto, shall not
27 operate a motor vehicle in this state
under a license, permit, or
28 registration certificate issued by any
other jurisdiction or other-
29 wise during such suspension or after
such revocation until a new
30 license is obtained when and as
permitted under this act.
31 Sec.
4. K.S.A. 1999 Supp. 8-262 is hereby amended to read
as
32 follows: 8-262. (a) (1) Any person who
drives a motor vehicle on
33 any highway of this state at a time when
such person's privilege so
34 to do is canceled, suspended or
revoked or while such person's priv-
35 ilege to obtain a driver's license is
suspended or revoked pursuant to
36 section 1, and amendments thereto,
shall be guilty of a: (A) Class B
37 nonperson misdemeanor on the first
conviction; and (B) class A
38 nonperson misdemeanor on the second
conviction or subsequent
39 conviction.
40 (2) No person
shall be convicted under this section if such per-
41 son was entitled at the time of arrest
under K.S.A. 8-257, and
42 amendments thereto, to the return of
such person's driver's license
43 or was, at the time of arrest,
eligible under K.S.A. 8-256, and amendments
5
1 thereto, to apply for a new
license to operate a motor vehicle.
2
(3) Except as otherwise provided by subsection (a)(4),
every
3 person convicted under this
section shall be sentenced to at least
4 five days' imprisonment and fined
at least $100 and upon a second
5 or subsequent conviction shall not
be eligible for parole until com-
6 pletion of five days'
imprisonment.
7 (4) If a
person (A) is convicted of a violation of this section,
8 committed while the person's
privilege to drive or privilege to obtain
9 a driver's license was
suspended or revoked for a violation of K.S.A.
10 8-1567, and amendments thereto, or any
ordinance of any city or
11 a law of another state, which ordinance
or law prohibits the acts
12 prohibited by that statute, and (B) is
or has been also convicted of
13 a violation of K.S.A. 8-1567, and
amendments thereto, or of a mu-
14 nicipal ordinance or law of another
state, which ordinance or law
15 prohibits the acts prohibited by that
statute, committed while the
16 person's privilege to drive or
privilege to obtain a driver's license was
17 so suspended or revoked, the person
shall not be eligible for sus-
18 pension of sentence, probation or parole
until the person has
19 served at least 90 days' imprisonment,
and any fine imposed on
20 such person shall be in addition to such
a term of imprisonment.
21 (b) The
division, upon receiving a record of the conviction of
22 any person under this section, or any
ordinance of any city or a
23 law of another state which is in
substantial conformity with this
24 section, upon a charge of driving a
vehicle while the license of such
25 person is revoked or suspended, shall
extend the period of such
26 suspension or revocation for an
additional period of 90 days.
27 (c) In
addition to extension of the period of suspension or rev-
28 ocation under subsection (b), if the
conviction is for a violation
29 committed after June 30, 1994, and
before July 1, 1996, and com-
30 mitted while the person's driving
privileges are suspended pur-
31 suant to K.S.A. 8-1014 and amendments
thereto, the division, upon
32 completion of the extended period of
suspension, shall restrict the
33 person's driving privileges for an
additional 120 days to driving
34 only a motor vehicle equipped with an
ignition interlock device,
35 as defined by K.S.A. 8-1013 and
amendments thereto, approved
36 by the division and obtained, installed
and maintained at the per-
37 son's expense.
38 On or
before February 1, 1996, the division shall report to the
legis-
39 lature regarding the use of the
provisions of this subsection and making
40 recommendations concerning
continuation or modification of such
41 provisions.
42 (d) For the
purposes of determining whether a conviction is a
43 first, second or subsequent conviction
in sentencing under this sec-
6
1 tion, ``conviction'' includes a
conviction of a violation of any ordi-
2 nance of any city or a law of
another state which is in substantial
3 conformity with this
section.
4 Sec.
5. K.S.A. 8-285 is hereby amended to read as follows:
8-
5 285. Except as otherwise provided
in this section, as used in this
6 act, the words and phrases defined
in K.S.A. 8-234a and amend-
7 ments thereto shall have the
meanings ascribed to them therein.
8 The term ``habitual violator''
means any resident or nonresident
9 person who, within the immediately
preceding five years, has been
10 convicted in this or any other
state:
11 (a) Three or
more times of:
12 (1) Vehicular
homicide, as defined by K.S.A. 21-3405 and
13 amendments thereto or as prohibited by
any ordinance of any city
14 in this state or any law of another
state which is in substantial
15 conformity with that statute;
16 (2) violating
K.S.A. 8-1567 and amendments thereto, or violat-
17 ing an ordinance of any city in this
state or any law of another
18 state, which ordinance or law declares
to be unlawful the acts pro-
19 hibited by that statute;
20 (3) driving
while the privilege to operate a motor vehicle on
21 the public highways of this state has
been canceled, suspended or
22 revoked, as prohibited by K.S.A. 8-262
and amendments thereto,
23 or while such person's privilege to
obtain a driver's license is suspended
24 or revoked pursuant to section 1, and
amendments thereto, or as pro-
25 hibited by any ordinance of any city in
this state or any law of
26 another state which is in substantial
conformity with that statute
27 those statutes;
28 (4) perjury
resulting from a violation of K.S.A. 8-261a and
29 amendments thereto or resulting from the
violation of a law of
30 another state which is in substantial
conformity with that statute;
31 (5) violating
the provisions of the fifth clause of K.S.A. 8-142
32 and amendments thereto, relating to
fraudulent applications, or
33 violating the provisions of a law of
another state which is in sub-
34 stantial conformity with that
statute;
35 (6) any crime
punishable as a felony, if a motor vehicle was
36 used in the perpetration of the
crime;
37 (7) failing to
stop at the scene of an accident and perform the
38 duties required by K.S.A. 8-1602 through
8-1604, and amendments
39 thereto, or required by any ordinance of
any city in this state or a
40 law of another state which is in
substantial conformity with those
41 statutes; or
42 (8) violating
the provisions of K.S.A. 40-3104 and amendments
43 thereto, relating to motor vehicle
liability insurance coverage or
7
1 an ordinance of any city in this
state, which is in substantial con-
2 formity with such statute.
3
(b) Three or more times, either singly or in combination,
of
4 any of the offenses enumerated in
subsection (a).
5 For the
purpose of subsection (a)(2), in addition to the definition
6 of ``conviction'' otherwise
provided by law, conviction includes, but
7 is not limited to, a diversion
agreement entered into in lieu of
8 further criminal proceedings, or a
plea of nolo contendere, on a com-
9 plaint, indictment, information,
citation or notice to appear alleg-
10 ing a violation of K.S.A. 8-1567 and
amendments thereto or an
11 ordinance of a city in this state or law
of another state, which or-
12 dinance or law prohibits the acts
prohibited by that statute.
13 Sec.
6. K.S.A. 1999 Supp. 41-727 is hereby amended to read
14 as follows: 41-727. (a) Except with
regard to serving of alcoholic
15 liquor or cereal malt beverage as
permitted by K.S.A. 41-308a, 41-
16 308b, 41-2610 or 41-2704, and amendments
thereto, no person
17 under 21 years of age shall possess,
consume, obtain, purchase or
18 attempt to obtain or purchase alcoholic
liquor or cereal malt bev-
19 erage except as authorized by
law.
20 (b) Violation
of this section by a person 18 or more years of
21 age but less than 21 years of age is a
class C misdemeanor for which
22 the minimum fine is $200.
23 (c) Any person
less than 18 years of age who violates this sec-
24 tion is a juvenile offender under the
Kansas juvenile justice code.
25 Upon adjudication thereof and as a
condition of disposition, the
26 court shall require the offender to pay
a fine of not less than $200
27 nor more than $500.
28 (d) In
addition to any other penalty provided for a violation of
29 this
section,:
30 (1) The
court may order the offender to do either or both of
31 the following:
32
(1) (A) Perform 40 hours of public
service; or
33
(2) (B) attend and satisfactorily
complete a suitable educational
34 or training program dealing with the
effects of alcohol or other
35 chemical substances when ingested by
humans.; and
36 (2) the court
shall order the division of vehicles to suspend the driving
37 privileges of such offender for one
year.
38 (e) This
section shall not apply to the possession and consump-
39 tion of cereal malt beverage by a person
under the legal age for
40 consumption of cereal malt beverage when
such possession and
41 consumption is permitted and supervised,
and such beverage is
42 furnished, by the person's parent or
legal guardian.
43 (f) Any city
ordinance or county resolution prohibiting the acts
8
1 prohibited by this section shall
provide a minimum penalty which
2 is not less than the minimum
penalty prescribed by this section.
3 (g) This
section shall be part of and supplemental to the Kansas
4 liquor control act.
5
Section 1. Sec. 7. K.S.A. 1999
Supp. 8-1001 is hereby amended to
6 read as follows: 8-1001. (a) Any
person who operates or attempts to op-
7 erate a vehicle within this state is
deemed to have given consent, subject
8 to the provisions of this act, to
submit to one or more tests of the person's
9 blood, breath, urine or other bodily
substance to determine the presence
10 of alcohol or drugs. The testing deemed
consented to herein shall include
11 all quantitative and qualitative tests for
alcohol and drugs. A person who
12 is dead or unconscious shall be deemed not
to have withdrawn the per-
13 son's consent to such test or tests, which
shall be administered in the
14 manner provided by this section.
15 (b) A law
enforcement officer shall request a person to submit to a
16 test or tests deemed consented to under
subsection (a) if the officer has
17 reasonable grounds to believe the person
was operating or attempting to
18 operate a vehicle while under the influence
of alcohol or drugs, or both,
19 or to believe that the person was driving a
commercial motor vehicle, as
20 defined in K.S.A. 8-2,128, and amendments
thereto, while having alcohol
21 or other drugs in such person's system; and
one of the following condi-
22 tions exists: (1) The person has been
arrested or otherwise taken into
23 custody for any offense involving operation
or attempted operation of a
24 vehicle while under the influence of
alcohol or drugs, or both, or involving
25 driving a commercial motor vehicle, as
defined in K.S.A. 8-2,128, and
26 amendments thereto, while having alcohol or
other drugs in such person's
27 system, in violation of a state statute or
a city ordinance; or (2) the person
28 has been involved in a vehicle accident or
collision resulting in property
29 damage, personal injury or death. The law
enforcement officer directing
30 administration of the test or tests may act
on personal knowledge or on
31 the basis of the collective information
available to law enforcement offi-
32 cers involved in the accident investigation
or arrest.
33 (c) If a law
enforcement officer requests a person to submit to a test
34 of blood under this section, the withdrawal
of blood at the direction of
35 the officer may be performed only by: (1) A
person licensed to practice
36 medicine and surgery or a person acting
under the supervision of any
37 such licensed person; (2) a registered
nurse or a licensed practical nurse;
38 or (3) any qualified medical technician,
including, but not limited to, an
39 emergency medical technician-intermediate
or mobile intensive care
40 technician, as those terms are defined in
K.S.A. 65-6112, and amend-
41 ments thereto, or a phlebotomist. When
presented with a written state-
42 ment by a law enforcement officer directing
blood to be withdrawn from
43 a person who has tentatively agreed to
allow the withdrawal of blood
9
1 under this section, the person
authorized herein to withdraw blood and
2 the medical care facility where blood
is withdrawn may rely on such a
3 statement as evidence that the person
has consented to the medical pro-
4 cedure used and shall not require the
person to sign any additional con-
5 sent or waiver form. In such a case,
the person authorized to withdraw
6 blood and the medical care facility
shall not be liable in any action alleging
7 lack of consent or lack of informed
consent. No person authorized by this
8 subsection to withdraw blood, nor any
person assisting in the performance
9 of a blood test nor any medical care
facility where blood is withdrawn or
10 tested that has been directed by any law
enforcement officer to withdraw
11 or test blood, shall be liable in any civil
or criminal action when the act
12 is performed in a reasonable manner
according to generally accepted
13 medical practices in the community where
performed.
14 (d) If there are
reasonable grounds to believe that there is impair-
15 ment by a drug which is not subject to
detection by the blood or breath
16 test used, a urine test may be required. If
a law enforcement officer
17 requests a person to submit to a test of
urine under this section, the
18 collection of the urine sample shall be
supervised by persons of the same
19 sex as the person being tested and shall be
conducted out of the view of
20 any person other than the persons
supervising the collection of the sample
21 and the person being tested, unless the
right to privacy is waived by the
22 person being tested. The results of
qualitative testing for drug presence
23 shall be admissible in evidence and
questions of accuracy or reliability
24 shall go to the weight rather than the
admissibility of the evidence.
25 (e) No law
enforcement officer who is acting in accordance with this
26 section shall be liable in any civil or
criminal proceeding involving the
27 action.
28 (f)
(1) Before a test or tests are administered under this
section, the
29 person shall be given oral and written
notice that: (A) Kansas law requires
30 the person to submit to and complete one or
more tests of breath, blood
31 or urine to determine if the person is
under the influence of alcohol or
32 drugs, or both; (B) the opportunity to
consent to or refuse a test is not a
33 constitutional right; (C) there is no
constitutional right to consult with an
34 attorney regarding whether to submit to
testing; (D) if the person refuses
35 to submit to and complete any test of
breath, blood or urine hereafter
36 requested by a law enforcement officer, the
person's driving privileges
37 will be suspended for at
least one year; (E) if the person submits to and
38 completes the test or tests and the test
results show an alcohol concen-
39 tration of .08 or greater, the person's
driving privileges will be suspended
40 for at least 30 days; (F)
if the person refuses a test or the test results show
41 an alcohol concentration of .08 or greater
and if, within the past five years,
42 the person has been convicted or granted
diversion on a charge of driving
43 under the influence of alcohol or drugs, or
both, or a related offense or
10
1 has refused or failed a test, the
person's driving privileges will be sus-
2 pended for at least
one year; (G) if the person is less than 21 years of age
3 at the time of the test request and
submits to and completes the tests and
4 the test results show an alcohol
concentration of .08 or greater, the per-
5 son's driving privileges will be
suspended up to for one year; (H)
refusal
6 to submit to testing may be used
against the person at any trial on a charge
7 arising out of the operation or
attempted operation of a vehicle while
8 under the influence of alcohol or
drugs, or both; (I) the results of the
9 testing may be used against the
person at any trial on a charge arising out
10 of the operation or attempted operation of
a vehicle while under the
11 influence of alcohol or drugs, or both; and
(J) after the completion of the
12 testing, the person has the right to
consult with an attorney and may
13 secure additional testing, which, if
desired, should be done as soon as
14 possible and is customarily available from
medical care facilities and phy-
15 sicians. If a law enforcement officer has
reasonable grounds to believe
16 that the person has been driving a
commercial motor vehicle, as defined
17 in K.S.A. 8-2,128, and amendments thereto,
while having alcohol or other
18 drugs in such person's system, the person
must also be provided the oral
19 and written notice pursuant to K.S.A.
8-2,145 and amendments thereto.
20 Any failure to give the notices required by
K.S.A. 8-2,145 and amend-
21 ments thereto shall not invalidate any
action taken as a result of the
22 requirements of this section. After giving
the foregoing information, a law
23 enforcement officer shall request the
person to submit to testing. The
24 selection of the test or tests shall be
made by the officer. If the person
25 refuses to submit to and complete a test as
requested pursuant to this
26 section, additional testing shall not be
given unless the certifying officer
27 has probable cause to believe that the
person, while under the influence
28 of alcohol or drugs, or both, has operated
a vehicle in such a manner as
29 to have caused the death of or serious
injury to another person. As used
30 in this section, the officer shall have
probable cause to believe that the
31 person operated a vehicle while under the
influence of alcohol or drugs,
32 or both, if the vehicle was operated by
such person in such a manner as
33 to have caused the death of or serious
injury to another person. In such
34 event, such test or tests may be made
pursuant to a search warrant issued
35 under the authority of K.S.A. 22-2502, and
amendments thereto, or with-
36 out a search warrant under the authority of
K.S.A. 22-2501, and amend-
37 ments thereto. If the test results show a
blood or breath alcohol concen-
38 tration of .08 or greater, the person's
driving privileges shall be subject
39 to suspension, or suspension and
restriction, as provided in K.S.A. 8-1002
40 and 8-1014, and amendments thereto. The
person's refusal shall be ad-
41 missible in evidence against the person at
any trial on a charge arising out
42 of the alleged operation or attempted
operation of a vehicle while under
43 the influence of alcohol or drugs, or both.
If a law enforcement officer
11
1 had reasonable grounds to believe the
person had been driving a com-
2 mercial motor vehicle, as defined in
K.S.A. 8-2,128, and amendments
3 thereto, and the test results show a
blood or breath alcohol concentration
4 of .04 or greater, the person shall
be disqualified from driving a com-
5 mercial motor vehicle, pursuant to
K.S.A. 8-2,142, and amendments
6 thereto. If a law enforcement officer
had reasonable grounds to believe
7 the person had been driving a
commercial motor vehicle, as defined in
8 K.S.A. 8-2,128, and amendments
thereto, and the test results show a
9 blood or breath alcohol concentration
of .08 or greater, or the person
10 refuses a test, the person's driving
privileges shall be subject to suspen-
11 sion, or suspension and restriction,
pursuant to this section, in addition
12 to being disqualified from driving a
commercial motor vehicle pursuant
13 to K.S.A. 8-2,142, and amendments
thereto.
14 (2) Failure of a
person to provide an adequate breath sample or sam-
15 ples as directed shall constitute a refusal
unless the person shows that the
16 failure was due to physical inability
caused by a medical condition unre-
17 lated to any ingested alcohol or drugs.
18 (3) It shall not
be a defense that the person did not understand the
19 written or oral notice required by this
section.
20 (4) No test shall
be suppressed because of technical irregularities in
21 the consent or notice pursuant to K.S.A.
8-2,145, and amendments
22 thereto.
23 (g) Nothing in
this section shall be construed to limit the admissibility
24 at any trial of alcohol or drug
concentration testing results obtained pur-
25 suant to a search warrant.
26 (h) Upon the
request of any person submitting to testing under this
27 section, a report of the results of the
testing shall be made available to
28 such person.
29 (i) This act is
remedial law and shall be liberally construed to promote
30 public health, safety and welfare.
31 Sec.
2. 8. K.S.A. 1999 Supp. 8-1014
is hereby amended to read as
32 follows: 8-1014. (a) Except as provided by
subsection (e) and K.S.A. 8-
33 2,142, and amendments thereto, if a person
refuses a test, the division,
34 pursuant to K.S.A. 8-1002, and amendments
thereto, shall suspend the
35 person's driving privileges for one
year.
36 (b) Except as
provided by subsections (c) and (e) and K.S.A. 8-2,142,
37 and amendments thereto, if a person fails a
test or has an alcohol or drug-
38 related conviction in this state, the
division shall:
39 (1) On the
person's first occurrence, suspend the person's driving
40 privileges for 30 days, then restrict the
person's driving privileges as pro-
41 vided by K.S.A. 8-1015, and amendments
thereto, for an additional 330
42 days; and
43 (2) on the
person's second or a subsequent occurrence, suspend the
12
1 person's driving privileges for one
year.
2 (c) Except
as provided by subsection (e) and K.S.A. 8-2,142, and
3 amendments thereto, if a person who
is less than 21 years of age fails a
4 test or has an alcohol or
drug-related conviction in this state, the division
5 shall:
6
(1) suspend the
person's driving privileges for one year; or
7
(2) if such person has entered a diversion agreement under
K.S.A.
8 12-4412
et seq., and amendments thereto, or
K.S.A. 22-2906 et seq.,
and
9 amendments thereto, suspend
the person's driving privileges for the term
10 of such diversion
agreement.
11 (d) Whenever the
division is notified by an alcohol and drug safety
12 action program that a person has failed to
complete any alcohol and drug
13 safety action education or treatment
program ordered by a court for a
14 conviction of a violation of K.S.A. 8-1567,
and amendments thereto, the
15 division shall suspend the person's driving
privileges until the division
16 receives notice of the person's completion
of such program.
17 (e) Except as
provided in K.S.A. 8-2,142, and amendments thereto,
18 if a person's driving privileges are
subject to suspension pursuant to this
19 section for a test refusal, test failure or
alcohol or drug-related conviction
20 arising from the same arrest, the period of
such suspension shall not
21 exceed the longest applicable period
authorized by subsection (a), (b) or
22 (c), and such suspension periods shall not
be added together or otherwise
23 imposed consecutively. In addition, in
determining the period of such
24 suspension as authorized by subsection (a),
(b) or (c), such person shall
25 receive credit for any period of time for
which such person's driving
26 privileges were suspended while awaiting
any hearing or final order au-
27 thorized by this act.
28 If a person's driving
privileges are subject to restriction pursuant to
29 this section for a test failure or alcohol
or drug-related conviction arising
30 from the same arrest, the restriction
periods shall not be added together
31 or otherwise imposed consecutively. In
addition, in determining the pe-
32 riod of restriction, the person shall
receive credit for any period of sus-
33 pension imposed for a test refusal arising
from the same arrest.
34 (f) If the
division has taken action under subsection (a) for a test
35 refusal or under subsection (b) or (c) for
a test failure and such action is
36 stayed pursuant to K.S.A. 8-259, and
amendments thereto, or if tempo-
37 rary driving privileges are issued pursuant
to subsection (k) of K.S.A. 8-
38 1002, and amendments thereto, the stay or
temporary driving privileges
39 shall not prevent the division from taking
the action required by subsec-
40 tion (b) or (c) for an alcohol or
drug-related conviction.
41 (g) Upon
restricting a person's driving privileges pursuant to this sec-
42 tion, the division shall issue without
charge a driver's license which shall
43 indicate on the face of the license that
restrictions have been imposed on
13
1 the person's driving privileges and
that a copy of the order imposing the
2 restrictions is required to be
carried by the person for whom the license
3 was issued any time the person is
operating a motor vehicle on the high-
4 ways of this state.
5 Sec. 3.
9. K.S.A. 8-258 and 8-285 and K.S.A. 1999 Supp.
8-255,
6 8-262, 8-1001
and, 8-1014 and 41-727 are
hereby repealed.
7 Sec.
4. 10. This act shall take
effect and be in force from and after
8 its publication in the Kansas
register.