§ 35-254. Preliminary breath test.

(a)

A law enforcement officer may request a person who is operating or attempting to operate a motor vehicle within this state to submit to a preliminary screening test of the person's breath or saliva, or both, if the officer has reasonable suspicion to believe that the person has been operating or attempting to operate a vehicle while under the influence of alcohol or drugs or both alcohol and drugs.

(b)

At the time the test is requested, the person shall be given oral notice that:

(1)

There is no right to consult with an attorney regarding whether to submit to testing;

(2)

Further testing may be required after the preliminary screening test.

(c)

Failure to provide the notice shall not be an issue or defense in any action. The law enforcement officer then shall request the person to submit to the test.

(d)

If the person submits to the test, the results shall be used for the purpose of assisting law enforcement officers in determining whether an arrest should be made and whether to request the tests authorized by K.S.A. 8-1001 and amendments thereto. A law enforcement officer may arrest a person based in whole or in part upon the results of a preliminary screening test. Such results shall not be admissible in any civil or criminal action concerning the operation of or attempted operation of a vehicle except to aid the court or hearing officer in determining a challenge to the validity of the arrest or the validity of the request to submit to a test pursuant to K.S.A. 8-1001 and amendments thereto. Following the preliminary screening test, additional tests may be requested pursuant to K.S.A. 8-1001 and amendments thereto.

(e)

Any preliminary screening of a person's breath shall be conducted with a device approved pursuant to K.S.A. 65-1,107, and amendments thereto. Any preliminary screening of a person's saliva shall be conducted with a device approved pursuant to Section 2 of 2011 Senate Bill 6, and amendments thereto.

(Code 1964, § 36-59(17); Code 1988, § 35-222; 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. O-103-06, § 6, 10-5-2006; Ord. No. O-51-12, § 6, 9-6-2012; Ord. No. O-27-18 , § 1, 8-2-2018)

State law reference

Similar provisions, K.S.A. 8-1012.