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Evidence Admission of DUI in Kansas

Under Kansas law, a person is deemed to have given consent to a preliminary screening test if they are operating or attempting to operate a vehicle.  Once the officer has reasonable suspicion that the person may be under the influence of drugs or alcohol, the officer will request a preliminary screening.  After the preliminary screening, further tests may be required in order to determine if the driver is under the influence.  These include blood, breath, urine and saliva testing as well as the standard sobriety tests such as the Horizontal Gaze test, the One Leg Stand, and the Walk the Line test.  These tests and the officer’s testimony may be heard in court for criminal prosecution.  The officers testimony must be relating to the case including the defendants speech and appearance.

If the defendant’s alcohol concentration is less than .08, that fact will be considered along with other competent evidence to determine if the defendant was under the influence. However, if the alcohol concentration is .08 or more than this will be considered prima facie, or presumed to be true, evidence that the defendant was under the influence.  The state is not required to preserve any of the samples for the criminal prosecution but they are required to submit copies and affidavits of their certified equipment and the arresting officer’s certification and training on the equipment.

For drugs found in the defendants system, evidence collected from the blood, urine, breath, saliva, or other bodily substance will be considered to determine if the defendant was under the influence to a point that renders the person incapable of driving safely.


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