{"data":{"id":"us-ks/k.s.a.-8-1013","jurisdiction":"us-ks","citation":"K.S.A. 8-1013","heading":"Definitions.","body":"As used in K.S.A. 8-1001 through 8-1018, and amendments thereto:\n(a) \"Alcohol concentration\" means the number of grams of alcohol per 100 milliliters of blood or per 210 liters of breath.\n(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. 21-5413(b)(3) or (b)(4), and amendments thereto, or conviction of a violation of involuntary manslaughter as described in K.S.A. 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.\n(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.\n(c) \"Division\" means the division of vehicles of the department of revenue.\n(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.\n(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.\n(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.\n(g) \"Samples\" includes breath supplied directly for testing, which breath is not preserved.\n(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.\n(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.\n(j) \"Law enforcement officer\" has the meaning provided by K.S.A. 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.","path":["Chapter 8.—AUTOMOBILES AND OTHER VEHICLES","Article 10.—DRIVING UNDER INFLUENCE OF ALCOHOL OR DRUGS; ADMINISTRATIVE PROVISIONS"],"source_url":"https://www.ksrevisor.gov/statutes/chapters/ch08/008_010_0013.html","current_through":"2025 legislative session","vintage":"","retrieved_at":"2026-09-04T15:09:56Z","sha256":"ea66b8636c3ad3d5e92a9dbd28f4ad8d3e29e19e65fcd2c06a05a7e44cd0d7e8","source_id":"us-ks","stale":false,"prev":"us-ks/k.s.a.-8-1012","next":"us-ks/k.s.a.-8-1014"},"notice":"GroundRules: Original legal text. Not legal advice."}