Kansas Statutes 65-1,109. Testing human breath for law enforcement purposes; unlawful acts; penalty
Attorney's Note
Under the Kansas Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| class C misdemeanor | up to 1 month | up to $500 |
Terms Used In Kansas Statutes 65-1,109
- Person: means any individual, firm, partnership, corporation or other association of persons. See Kansas Statutes 65-171j
- Secretary: means the secretary of health and environment. See Kansas Statutes 65-1,114
(a) It shall be unlawful for any person to make any test of the human breath for law enforcement purposes, unless:
(1) Such person has complied with the rules and regulations of the secretary of health and environment adopted pursuant to Kan. Stat. Ann. § 65-1,107 and amendments thereto to govern the procedures, standards of performance and the qualifications, training, certification and annual testing of personnel for the testing of human breath for law enforcement purposes; and
(2) the apparatus, equipment or device used by such person in the testing of human breath for law enforcement purposes is of a type approved by the secretary of health and environment and otherwise complies with the rules and regulations of the secretary of health and environment adopted pursuant to Kan. Stat. Ann. § 65-1,107 and amendments thereto to govern the periodic inspection of such apparatus, equipment and devices.
(b) Any person who violates any provision of subsection (a) shall be guilty of a class C misdemeanor.
(c) Nothing in this section shall be construed to prohibit the use of devices approved pursuant to Kan. Stat. Ann. § 65-1,107 and amendments thereto for preliminary screening tests for law enforcement purposes.