§ 8-1001 Tests for alcohol or drugs; request by officer, grounds; administration of tests, when; procedures; immunity from liability; duty to provide driver notice; refusal to comply or test result exceeding limit, license suspension; admissibility and availabi
§ 8-1002 Test refusal or failure; suspension of license; notice; procedure
§ 8-1004 Same; additional test by own physician; effect of denial
§ 8-1005 Evidence; test results admissible in prosecutions; weight to be given evidence
§ 8-1006 Same; submission of other evidence; preservation of samples not required
§ 8-1007 Same; act supplemental; invalidity of part
§ 8-1008 Alcohol and drug evaluations; when required; providers; reports; standardized substance use evaluations
§ 8-1009 Determination by prosecuting attorney of whether diversion agreement to be allowed
§ 8-1010 Severability of Laws of 1982, ch. 144
§ 8-1011 Immunity from liability for damage to vehicle operated by or in control of person arrested or in custody
§ 8-1012 Preliminary screening test of breath or oral fluid; request by officer, reasonable suspicion; use of results of test; additional tests; approved devices
§ 8-1013 Definitions
§ 8-1014 Suspension and restriction of driving privileges for test refusal, test failure or alcohol or drug-related conviction; increased penalties for blood or breath alcohol concentration of .15 or greater; ignition interlock device
§ 8-1015 Same; authorized restrictions of driving privileges; ignition interlock device
§ 8-1016 Same; ignition interlock devices; approval by division; immunity from civil and criminal liability; rules and regulations
§ 8-1017 Circumvention of ignition interlock device; penalty
§ 8-1019 Victim impact statement and restitution requirements
§ 8-1020 Administrative hearing; requirements; procedure
§ 8-1021 Impoundment of motor vehicle for 8-1567 violation; failure to pay fees or take repossession; disposition of vehicle
§ 8-1022 Permitting driving in violation of 8-1014; penalties
§ 8-1023 Testing not considered medical care; information to be provided law enforcement officer; costs, assessment; privileges not applicable
§ 8-1024 Immunity from liability for persons and entities involved in testing

Terms Used In Kansas Statutes > Chapter 8 > Article 10

  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Authority: means the Kansas turnpike authority, created by K. See Kansas Statutes 68-2001
  • Board of trustees: means the governing body of a community college. See Kansas Statutes 71-701
  • board of trustees: means the governing body of a community college. See Kansas Statutes 71-1402
  • Bonds: means any bonds, notes or other evidences of indebtedness, including book-entry-only, whether or not the interest on such bonds is subject to federal income taxation, issued pursuant to the authority of this act. See Kansas Statutes 68-2319
  • Book-entry-only: means a system of electronic clearance, settlement and transfer of security ownership without the use of securities certificates. See Kansas Statutes 68-2319
  • Business area: means any part of an adjacent area, except areas adjacent to scenic byways, designated by the secretary of transportation, which is:

    (1) Zoned for industrial or commercial activities under the authority of any law or by a local zoning authority; or

    (2) an unzoned commercial or industrial area as herein defined. See Kansas Statutes 68-2232

  • Campus: means all or part of the buildings and facilities of a community college. See Kansas Statutes 71-1402
  • college district: means the taxing district and territory of a community college. See Kansas Statutes 71-1402
  • Commission: shall mean the secretary of transportation. See Kansas Statutes 68-2302
  • Community college: means a public community college established under the provisions of this act. See Kansas Statutes 71-701
  • Community college: means a community college established under the community college act. See Kansas Statutes 71-1402
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Comprehensive zoning: means zoning by local zoning authorities of each parcel of land under the jurisdiction of the local zoning authority placed in a zoning classification pursuant to a comprehensive plan or reserved for future classification. See Kansas Statutes 68-2232
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • controlled area: means an area which is adjacent to the right-of-way on any interstate or primary highway and is visible from the main traveled way. See Kansas Statutes 68-2232
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • county election officer: means the election commissioner of the county in which the community college is located, or the county clerk in counties not having an election commissioner. See Kansas Statutes 71-1402
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the Kansas department of transportation. See Kansas Statutes 68-2232
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • District method: means a six-district method, a three-district method, or a two-district method. See Kansas Statutes 71-1402
  • early retirement incentive program: is a program that provides cash payments, either in the form of a lump-sum payment at the beginning of the fiscal year, or in regular payments during the fiscal year. See Kansas Statutes 71-212
  • Election at large: means an election of trustees at which all electors of a community college district vote on all candidates. See Kansas Statutes 71-1402
  • Election-at-large method: means an election at large of trustees of a community college without a division of the college district into member districts. See Kansas Statutes 71-1402
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Erect: means to construct, build, raise, assemble, place, affix, attach, create, paint, draw or in any other way bring into being or establish, but it shall not include any of the foregoing activities when performed as an incident to the change of advertising message or customary maintenance or repair of a sign structure. See Kansas Statutes 68-2232
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Fixed Rate: Having a "fixed" rate means that the APR doesn't change based on fluctuations of some external rate (such as the "Prime Rate"). In other words, a fixed rate is a rate that is not a variable rate. A fixed APR can change over time, in several circumstances:
    • You are late making a payment or commit some other default, triggering an increase to a penalty rate
    • The bank changes the terms of your account and you do not reject the change.
    • The rate expires (if the rate was fixed for only a certain period of time).
  • Fraud: Intentional deception resulting in injury to another.
  • Freeway: means any primary highway which is a divided arterial highway with four or more lanes available for through traffic with full control of access and grade separation at intersections. See Kansas Statutes 68-2232
  • General election: refers to the election required to be held on the Tuesday following the first Monday in November of each even-numbered year. See Kansas Statutes 77-201
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Highway: means a highway, road, street or alley. See Kansas Statutes 68-2101
  • Highway: means a highway as defined by K. See Kansas Statutes 68-2232
  • highway bonds: shall mean the highway bonds authorized under the provisions of this act. See Kansas Statutes 68-2302
  • Highway projects: shall mean the express highways and freeways which are within the system of modern express highways and freeways established and constructed pursuant to K. See Kansas Statutes 68-2302
  • Improvement: means the repair, building, rebuilding, alteration, construction or reconstruction of any highway or part thereof, or the grading or regrading of the same, or the erection, construction, building, rebuilding, or repair of any bridge or culvert on any highway. See Kansas Statutes 68-2101
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Interstate highway: means any highway at any time officially designated as a part of the national system of interstate and defense highways by the secretary of transportation and approved by the appropriate authority of the federal government. See Kansas Statutes 68-2232
  • Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Local zoning authority: means an incorporated city or a county which is authorized by law to zone areas within its jurisdiction and which has an active zoning authority. See Kansas Statutes 68-2232
  • Main traveled way: means the traveled way of a highway on which through traffic is carried. See Kansas Statutes 68-2232
  • Maintain: means to keep in a state of continuing existence. See Kansas Statutes 68-2232
  • member: means a member of the board of trustees of a community college. See Kansas Statutes 71-1402
  • Member district: means one of the subdistricts into which a community college district is or may be divided for the purpose of a district method of election of trustees. See Kansas Statutes 71-1402
  • Member position: means one of the positions of members of a board of trustees when a district method of election is used. See Kansas Statutes 71-1402
  • method of election: means one of the methods of election provided for in this act. See Kansas Statutes 71-1402
  • Minor: means any person defined by K. See Kansas Statutes 77-201
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Month: means a calendar month, unless otherwise expressed. See Kansas Statutes 77-201
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Municipality: means a city, township or county. See Kansas Statutes 68-2101
  • Oath: includes an affirmation in all cases where an affirmation may be substituted for an oath, and in similar cases "swear" includes affirm. See Kansas Statutes 77-201
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Owner: includes all individuals, copartnerships, associations or corporations having any title or interest in any property, rights, easements and interest authorized to be acquired by this act. See Kansas Statutes 68-2001
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means any individual, firm, corporation or association. See Kansas Statutes 68-2101
  • Personal property: includes money, goods, chattels, evidences of debt and things in action, and digital assets as defined in the revised uniform fiduciary access to digital assets act, K. See Kansas Statutes 77-201
  • Primary highway: means any highway, other than an interstate highway, that was part of the federal-aid primary system in existence on June 1, 1991, and any highway which is not on such system but which is on the national highway system. See Kansas Statutes 68-2232
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Property: includes personal and real property. See Kansas Statutes 77-201
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public highways: shall include all public highways, roads and streets in the state, whether maintained by the state or by any county, city, town or other political subdivision. See Kansas Statutes 68-2001
  • Quorum: The number of legislators that must be present to do business.
  • real property: include lands, tenements and hereditaments, and all rights to them and interest in them, equitable as well as legal. See Kansas Statutes 77-201
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Residence: means the place which is adopted by a person as the person's place of habitation and to which, whenever the person is absent, the person has the intention of returning. See Kansas Statutes 77-201
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • road: include public bridges and may be construed to be equivalent to "county way" "county road" "common road" "state road" and "territorial road. See Kansas Statutes 77-201
  • Safety rest area: means an area or site established and maintained within or adjacent to the highway right-of-way, which area is under public supervision or control and for the convenience of the traveling public. See Kansas Statutes 68-2232
  • seal: includes an impression of the seal upon the paper alone, as well as upon wax or a wafer affixed to the paper. See Kansas Statutes 77-201
  • Secretary: means the secretary of transportation. See Kansas Statutes 68-2101
  • Secretary: means the secretary of transportation. See Kansas Statutes 68-2232
  • Secretary: means the secretary of transportation. See Kansas Statutes 68-2319
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Sign display: means a single panel or part of the sign, including trim and background, which contains a message or messages. See Kansas Statutes 68-2232
  • Sign facing: means and includes a sign display or displays at the same location and facing the same direction. See Kansas Statutes 68-2232
  • Sign structure: means and includes all components of the sign, which may include poles, bracings, lateral supports, vehicles, displays and other materials of every kind and nature used to support a facing or facings on which advertising is placed. See Kansas Statutes 68-2232
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201
  • State board: means the state board of regents. See Kansas Statutes 71-701
  • State freeway fund: shall mean the state freeway fund created in K. See Kansas Statutes 68-2302
  • Statute: A law passed by a legislature.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Traveled way: means the portion of a roadway for the movement of vehicles, exclusive of shoulders and auxiliary lanes. See Kansas Statutes 68-2232
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • turnpike project: means any express highway or superhighway constructed under the provisions of this act, including all bridges, tunnels, overpasses, underpasses, interchanges, entrance plazas, approaches, toll houses, service stations, and administration, storage and other buildings and facilities that the authority may deem necessary for the operation of such project, together with all property, rights, easements, and interests that may be acquired by the authority for the construction or the operation of such project. See Kansas Statutes 68-2001
  • turnpike revenue bonds: means revenue bonds of the authority authorized under the provisions of this act. See Kansas Statutes 68-2001
  • Unzoned commercial or industrial area: means an area which is not zoned by state or local law, regulation or ordinance, which is within 660 feet of the nearest edge of the right-of-way of the controlled area, and on which there is located one or more permanent structures devoted to a commercial or industrial activity or on which a commercial or industrial activity is actually conducted, whether or not a permanent structure is located thereon, which meets all the requirements specified in subsection (h) of K. See Kansas Statutes 68-2232
  • Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate.
  • Vegetation control: means a program authorized hereunder, providing for the control of vegetation on state rights-of-way which shall be of benefit to the state as well as providing assistance to sign owners. See Kansas Statutes 68-2232
  • Venue: The geographical location in which a case is tried.
  • Victim Impact Statement: A written or spoken statement by the victim or his or her representative about the physical, emotional, and financial impact of a crime on the victim. The statement is given to the court before sentencing.
  • Visible: means capable of being seen without visual aid by a person of normal visual acuity. See Kansas Statutes 68-2232
  • Warning light: means a warning light which conforms to the standards set forth in the most recent edition of the manual on uniform traffic control devices for streets and highways and other standards issued or endorsed by the federal highway administrator, and as adopted by the secretary of transportation pursuant to K. See Kansas Statutes 68-2101
  • Zoned commercial or industrial areas: means those areas which are comprehensively zoned for business, industry, commerce or trade pursuant to a state or local zoning ordinance or resolution or an area which is zoned for business, industry, commerce or trade pursuant to a state or local zoning ordinance or regulation. See Kansas Statutes 68-2232