Section 8-1013 - DefinitionsAs used in K.S.A. 8-1001 through 8-1018, and amendments thereto:
(a) "Alcohol concentration" means the number of grams of alcohol per 100 milliliters of blood or per 210 liters of breath.(b)(1) "Alcohol or drug-related conviction" means any of the following: (A) Conviction of vehicular battery or aggravated vehicular homicide, prior to their repeal, if the crime is committed while committing a violation of K.S.A. 8-1567, and amendments thereto, or the ordinance of a city or resolution of a county in this state which prohibits any acts prohibited by that statute, or conviction of a violation of K.S.A. 8-2,144 or 8-1567, and amendments thereto, conviction of a violation of aggravated battery as described in K.S.A. 2023 Supp. 21-5413(b)(3) or (b)(4), and amendments thereto, or conviction of a violation of involuntary manslaughter as described in K.S.A. 2023 Supp. 21-5405(a)(3) or (a)(5), and amendments thereto;(B) conviction of a violation of a law of another state which would constitute a crime described in subsection (b)(1)(A) if committed in this state;(C) conviction of a violation of an ordinance of a city in this state or a resolution of a county in this state which would constitute a crime described in subsection (b)(1)(A), whether or not such conviction is in a court of record; or(D) conviction of an act which was committed on a military reservation and which would constitute a violation of K.S.A. 8-2,144 or 8-1567, and amendments thereto, or would constitute a crime described in subsection (b)(1)(A) if committed off a military reservation in this state.(2) For the purpose of determining whether an occurrence is a first, second or subsequent occurrence: (A) "Alcohol or drug-related conviction" also includes entering into a diversion agreement in lieu of further criminal proceedings on a complaint alleging commission of a crime described in subsection (b)(1), including a diversion agreement entered into prior to the effective date of this act; and(B) it is irrelevant whether an offense occurred before or after conviction or diversion for a previous offense.(c) "Division" means the division of vehicles of the department of revenue.(d) "Ignition interlock device" means a device which uses a breath analysis mechanism to prevent a person from operating a motor vehicle if such person has consumed an alcoholic beverage.(e) "Occurrence" means a test refusal, test failure or alcohol or drug-related conviction, or any combination thereof arising from one arrest, including an arrest which occurred prior to the effective date of this act.(f) "Other competent evidence" includes: (1) Alcohol concentration tests obtained from samples taken three hours or more after the operation or attempted operation of a vehicle; and(2) readings obtained from a partial alcohol concentration test on a breath testing machine.(g) "Samples" includes breath supplied directly for testing, which breath is not preserved.(h) "Test failure" or "fails a test" refers to a person's having results of a test administered pursuant to this act, other than a preliminary screening test, which show an alcohol concentration of 0.08 or greater in the person's blood or breath, and includes failure of any such test on a military reservation.(i) "Test refusal" or "refuses a test" refers to a person's failure to submit to or complete any test of the person's blood, breath, urine or other bodily substance, other than a preliminary screening test, in accordance with this act, and includes refusal of any such test on a military reservation.(j) "Law enforcement officer" has the meaning provided by K.S.A. 2023 Supp. 21-5111, and amendments thereto, and includes any person authorized by law to make an arrest on a military reservation for an act which would constitute a violation of K.S.A. 8-1567, and amendments thereto, if committed off a military reservation in this state.Amended by L. 2018, ch. 106,§ 9, eff. 7/1/2018.Amended by L. 2018, ch. 7,§ 5, eff. 7/1/2018.Amended by L. 2013, ch. 122,§ 3, eff. 7/1/2013.Amended by L. 2012, ch. 172,§ 15, eff. 7/1/2012.Amended by L. 2011, ch. 105,§ 13, eff. 7/1/2011.Amended by L. 2011, ch. 30,§ 92, eff. 7/1/2011.L. 1988, ch. 47, § 6; L. 1993, ch. 259, § 5; L. 2005, ch. 86, § 1; July 1.