8-1013. Definitions.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

8-1013. Definitions. As used in K.S.A. 8-1001 through 8-1018 , and amendments thereto:

(a)"Alcohol concentration" means the number of grams of alcohol per 100 milliliters of blood or per 210 liters of breath.

(1)"Alcohol or drug-related conviction" means any of the following:

(A)Conviction of vehicular battery or aggravated vehicular homicide, prior to their repeal, if the crime is committed while committing a violation of K.S.A. 8-1567 , and amendments thereto, or the ordinance of a city or resolution of a county in this state which prohibits any acts prohibited by that statute, or conviction of a violation of K.S.A. 8-2,144 or 8-1567 , and amendments thereto, conviction of a violation of aggravated battery as described in K.S.A. 21-5413 (b)(3) or (b)(4), and amendments thereto, or conviction of a violation of involuntary manslaughter as described in K.S.A. 21-5405 (a)(3) or (a)(5), and amendments thereto;

(B)conviction of a violation of a law of another state which would constitute a crime described in subsection (b)(1)(A) if committed in this state;

(C)conviction of a violation of an ordinance of a city in this state or a resolution of a county in this state which would constitute a crime described in subsection (b)(1)(A), whether or not such conviction is in a court of record; or

(D)conviction of an act which was committed on a military reservation and which would constitute a violation of K.S.A. 8-2,144 or 8-1567 , and amendments thereto, or would constitute a crime described in subsection (b)(1)(A) if committed off a military reservation in this state.

(2)For the purpose of determining whether an occurrence is a first, second or subsequent occurrence:

(A)"Alcohol or drug-related conviction" also includes entering into a diversion agreement in lieu of further criminal proceedings on a complaint alleging commission of a crime described in subsection (b)(1), including a diversion agreement entered into prior to the effective date of this act; and

(B)it is irrelevant whether an offense occurred before or after conviction or diversion for a previous offense.

(c)"Division" means the division of vehicles of the department of revenue.

(d)"Ignition interlock device" means a device which uses a breath analysis mechanism to prevent a person from operating a motor vehicle if such person has consumed an alcoholic beverage.

(e)"Occurrence" means a test refusal, test failure or alcohol or drug-related conviction, or any combination thereof arising from one arrest, including an arrest which occurred prior to the effective date of this act.

(f)"Other competent evidence" includes:

(1)Alcohol concentration tests obtained from samples taken three hours or more after the operation or attempted operation of a vehicle; and

(2)readings obtained from a partial alcohol concentration test on a breath testing machine.

(g)"Samples" includes breath supplied directly for testing, which breath is not preserved.

(h)"Test failure" or "fails a test" refers to a person's having results of a test administered pursuant to this act, other than a preliminary screening test, which show an alcohol concentration of 0.08 or greater in the person's blood or breath, and includes failure of any such test on a military reservation.

(i)"Test refusal" or "refuses a test" refers to a person's failure to submit to or complete any test of the person's blood, breath, urine or other bodily substance, other than a preliminary screening test, in accordance with this act, and includes refusal of any such test on a military reservation.

(j)"Law enforcement officer" has the meaning provided by K.S.A. 21-5111 , and amendments thereto, and includes any person authorized by law to make an arrest on a military reservation for an act which would constitute a violation of K.S.A. 8-1567 , and amendments thereto, if committed off a military reservation in this state.