2006 Kansas Code - 8-2,144

      8-2,144.   Commercial motor vehicles; driving under influence of alcohol or drugs; blood alcohol concentration; penalties. (a) No person shall drive any commercial motor vehicle, as defined in K.S.A. 8-2,128, and amendments thereto, within this state while:

      (1)   The alcohol concentration in the person's blood or breath, as shown by any competent evidence, including other competent evidence, as defined in paragraph (1) of subsection (f) of K.S.A. 8-1013, and amendments thereto, is .04 or more;

      (2)   the alcohol concentration in the person's blood or breath, as measured within two hours of the time of driving a commercial motor vehicle, is .04 or more; or

      (3)   committing a violation of subsection (a) of K.S.A. 8-1567, and amendments thereto, or the ordinance of a city or resolution of a county which prohibits any of the acts prohibited thereunder.

      (b)   Violation of this section is a misdemeanor. In addition to any penalties ordered under K.S.A. 8-1567, and amendments thereto, the person convicted shall be sentenced to not less than 48 consecutive hours nor more than six months imprisonment, and fined not less than $200 nor more than $500.

      (c)   The court shall report every conviction of a violation of this section to the division. Prior to sentencing under the provisions of this section, the court shall request and shall receive from the division a record of all prior convictions obtained against such person for any violation of any of the motor vehicle laws of this state.

      (d)   Upon conviction of a person of a violation of this section or a violation of a city ordinance or county resolution prohibiting the acts prohibited by this section, the division, upon receiving a report of conviction, shall disqualify the person from driving a commercial motor vehicle under K.S.A. 8-2,142, and amendments thereto.

      (e)   For the purpose of this section, "alcohol concentration" means the number of grams of alcohol per 100 milliliters of blood or per 210 liters of breath.

      History:   L. 1991, ch. 36, § 1; May 30.