Kansas DUI Chemical Evidence

Following an arrest for DUI in Kansas, the police will request a suspect to submit to chemical testing. In the state of Kansas, evidence of the concentration of alcohol or drugs in a person's blood, breath, urine, or other bodily substance is admissible in a prosecution against that person for a DUI offense. Which test(s) will be requested is in the discretion of the police.

The application and use of chemical testings in Kansas drunk driving cases

PRELIMINARY BREATH TESTING - By accepting the privilege to drive within the state of Kansas, persons who operate or attempt to operate a vehicle are deemed to have given consent to a preliminary breath screening test (PBT). A PBT is a handheld breath testing device that is used on scene prior to arrest. A law enforcement officer who has reasonable suspicion to believe that the person has been operating or attempting to operate a vehicle with under the influence of alcohol and/or drugs may request the person to submit to a PBT. There is no right to consult with an attorney prior to taking the test, and refusal to submit to a PBT is a traffic infraction. Further chemical testing may also be requesting in addition to a PBT. The results of a PBT are only used to assist the officer in determining whether to make an arrest. The results are not admissible against a person in any civil or criminal DUI action that may subsequently result.

EVIDENTIARY BREATH TESTING - In addition to a preliminary breath test, the police may also request a DUI suspect to submit to evidentiary breath testing at the police station. The DUI suspect must be observed for a period of 20 minutes prior to testing to ensure that nothing is placed into the suspects mouth that would interfere with the test results. Breath testing in Kansas is conducting on a machine called the Intoxilyzer. Failure of a person to provide an adequate breath sample or samples as directed will constitute a refusal, unless it can be shown that the failure was a result of a physical inability caused by a medical condition unrelated to the ingestion of alcohol or drugs.

BLOOD TESTING - Under Kansas DUI law,, blood testing at the direction of a police officer may only be performed by a doctor, licensed medical technician or other qualified person, or a phlebotomist. Blood may only be taken if the DUI suspect has given consent, except in cases involving an accident or collision resulting in serious injury or death. In such instances blood may be taken despite the person's refusal or if the person is medically unable to consent. The police are required to direct medical professionals to draw blood through a written statement. The sample must be withdrawn as soon as practical and delivered to the police. If blood is taken for medical purposes and not as a result of a police request, the police must obtain a search warrant in order to get the results.

URINE TESTING - Urine testing is not commonly used in DUI cases in Kansas, as it is the most unreliable chemical test. Collection of a urine sample must be supervised by persons of the same sex as the person being tested, and it must be collected privately out of view of others. When possible, the supervising person shall be a law enforcement officer. The results of urine testing for drug presence are admissible in evidence. Dispute over the accuracy or reliability of the test result will go to the weight rather than the admissibility of the evidence.

RIGHT TO AN INDEPENDENT TEST - Any person that submits to a chemical test administered by the police has a right to a reasonable opportunity to have an additional test by a physician of the person's own choosing. If the officer refuses to permit additional testing, the testing administered by the police is inadmissible against the person in a subsequent action that may result from the arrest.