Kansas § 3-1008 Preliminary screening test of breath or oral fluid; request by officer with reasonable suspicion; use of results of test; additional tests; approved devices

Kansas Statutes

§ 3-1008 — Preliminary screening test of breath or oral fluid; request by officer with reasonable suspicion; use of results of test; additional tests; approved devices

Kansas § 3-1008

Ch. 3AIRCRAFT AND AIRFIELDS

Art. 10OPERATION UNDER INFLUENCE OF ALCOHOL OR DRUGS

This text of Kansas § 3-1008 (Preliminary screening test of breath or oral fluid; request by officer with reasonable suspicion; use of results of test; additional tests; approved devices) is published on Counsel Stack Legal Research, covering Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kan. Stat. Ann. § 3-1008 (2026).

Text

(a)A law enforcement officer may request a person who is operating or attempting to operate an aircraft within this state to submit to a preliminary screening test of the person's breath or oral fluid, or both, if the officer has reasonable suspicion to believe the person has been operating or attempting to operate an aircraft while under the influence of alcohol or drugs, or a combination of alcohol and any drug or drugs.

(b)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. 3-1007, and amendments thereto. A law enforcement officer may arrest a person based in whole or in part upon the results of a preliminary screening tes

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(a) A law enforcement officer may request a person who is operating or attempting to operate an aircraft within this state to submit to a preliminary screening test of the person's breath or oral fluid, or both, if the officer has reasonable suspicion to believe the person has been operating or attempting to operate an aircraft while under the influence of alcohol or drugs, or a combination of alcohol and any drug or drugs.
(b) 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. 3-1007, 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 an aircraft except to aid the court 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. 3-1007, and amendments thereto. Following the preliminary screening test, additional tests may be requested pursuant to K.S.A. 3-1007, and amendments thereto.
(c) 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 oral fluid shall be conducted in accordance with rules and regulations, if any, approved pursuant to K.S.A. 75-712h, and amendments thereto.