§ 35-252. Concentration of alcohol in breath, blood, urine, etc.—Use as evidence.

Except as provided by section 35-254, in any prosecution for a violation of a unified government ordinance relating to the operation or attempted operation of a motor vehicle while under the influence of alcohol or drugs or both, evidence of the concentration of alcohol or drugs in the defendant's blood, urine, breath or other bodily substance may be admitted and shall give rise to the following:

(1)

If the alcohol concentration is less than 0.08, that fact may be considered with other competent evidence to determine if the defendant was under the influence of alcohol or both alcohol and drugs.

(2)

If the alcohol concentration is 0.08 or more, it shall be prima facie evidence that the defendant was under the influence of alcohol to a degree that renders the person incapable of driving safely.

(3)

If there was present in the defendant's bodily substance any narcotic, hypnotic, somnifacient, stimulating or other drug which has the capacity to render the defendant incapable of safely driving a vehicle, that fact may be considered to determine if the defendant was under the influence of drugs or both alcohol and drugs to a degree that renders the defendant incapable of driving safely.

Code 1964, § 36-59(20); Code 1988, § 35-220; Ord. No. 53410, § 1, 1-7-1975; Ord. No. 55191, § 2, 8-3-1976; Ord. No. 63953, § 2, 7-1-1982; Ord. No. 64514, § 2, 8-18-1983; Ord. No. 64705, § 6, 9-20-1984; Ord. No. 64834, § 3, 7-1-1985; Ord. No. 65069, § 6, 10-16-1986; Ord. No. 65822, § 12, 7-8-1993)

State law reference

Similar provisions, K.S.A. 8-1005(a).