Kansas Statutes Annotated
Updated Through the 2013 Legislative Session

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Statute Number:8-2,136
Chapter Title:AUTOMOBILES AND OTHER VEHICLES
Article Title:DRIVERS' LICENSES
Tax Type:Vehicles
Brief Description:Same; prohibiting driving with alcohol in person's
system; out-of-service order.
Keywords:


Body:

8-2,136. Same; prohibiting driving with alcohol in person's system; out-of-service order. (a) Notwithstanding any other provisions of this act, a driver shall not drive, operate or be in physical control of a commercial motor vehicle while having alcohol in such driver's system.
(b) A driver who drives, operates or is in physical control of a commercial motor vehicle while having alcohol in such driver's system or who refuses to take a test to determine their alcohol content as provided by K.S.A. 8-2,142, and amendments thereto, shall be placed out-of-service for 24 hours.
(c) A driver convicted of violating an out-of-service order while driving or operating a commercial motor vehicle shall be subject to the following disqualifications:
(1) First conviction, the driver is disqualified for 90 days;
(2) second conviction, the driver is disqualified for one year;
(3) third and subsequent conviction, the driver is disqualified for three years.
History: L. 1989, ch. 38, 12;L. 1995, ch. 190, 6; July 1.


Date Composed: 04/04/2011 Date Modified: 04/04/2011

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