32-1134. Same; tests for alcohol or drugs, use as evidence. - Kansas Statutes

32-1134

Chapter 32.--WILDLIFE, PARKS AND RECREATION Article 11.--BOATING AND WATER ACTIVITIES

      32-1134.   Same; tests for alcohol or drugs, use asevidence.In any criminal prosecution for violation of the laws of this state relating tooperating or attempting to operate a vessel while under the influence ofalcohol or drugs, or both, or the commission of manslaughter while under theinfluence of alcohol or drugs, or both, or in any prosecution for a violationof a city ordinance relating to the operation or attempted operation of avessel while under the influence of alcohol or drugs, or both, evidence of theconcentration of alcohol or drugs in the defendant's blood, urine, breath orother bodily substance may be admitted and shall give rise to the following:

      (a)   If the alcohol concentration is less than .08, that fact may beconsidered with other competent evidence to determine if the defendant wasunder the influence of alcohol, or both alcohol and drugs.

      (b)   If the alcohol concentration is .08 or more, it shall be prima facieevidence that the defendant was under the influence of alcohol to a degree thatrenders the person incapable of safely operating a vessel.

      (c)   If there was present in the defendant's bodily substance anynarcotic, hypnotic, somnifacient, stimulating or other drug which has thecapacity to render the defendant incapable of safely operating a vessel,that fact may be considered to determine if the defendant was under theinfluence of drugs, or both alcohol and drugs, to a degree that renders thedefendant incapable of safely operating a vessel.

      History:   L. 1987, ch. 403, § 5;L. 1999, ch. 113, § 2; July 1.