Kansas § 65-1,109 Testing human breath for law enforcement purposes; unlawful acts; penalty

Kansas Statutes

§ 65-1,109 — Testing human breath for law enforcement purposes; unlawful acts; penalty

Kansas § 65-1,109

Ch. 65PUBLIC HEALTH

Art. 1SECRETARY OF HEALTH AND ENVIRONMENT, ACTIVITIES

This text of Kansas § 65-1,109 (Testing human breath for law enforcement purposes; unlawful acts; penalty) 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. § 65-1,109 (2026).

Text

(a)It shall be unlawful for any person to make any test of the human breath for law enforcement purposes, unless:

(1)Such person has complied with the rules and regulations of the secretary of health and environment adopted pursuant to K.S.A. 65-1,107 and amendments thereto to govern the procedures, standards of performance and the qualifications, training, certification and annual testing of personnel for the testing of human breath for law enforcement purposes; and

(2)the apparatus, equipment or device used by such person in the testing of human breath for law enforcement purposes is of a type approved by the secretary of health and environment and otherwise complies with the rules and regulations of the secretary of health and environment adopted pursuant to K.S.A. 65-1,107 and amend

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(a) It shall be unlawful for any person to make any test of the human breath for law enforcement purposes, unless:
(1) Such person has complied with the rules and regulations of the secretary of health and environment adopted pursuant to K.S.A. 65-1,107 and amendments thereto to govern the procedures, standards of performance and the qualifications, training, certification and annual testing of personnel for the testing of human breath for law enforcement purposes; and
(2) the apparatus, equipment or device used by such person in the testing of human breath for law enforcement purposes is of a type approved by the secretary of health and environment and otherwise complies with the rules and regulations of the secretary of health and environment adopted pursuant to K.S.A. 65-1,107 and amendments thereto to govern the periodic inspection of such apparatus, equipment and devices.
(b) Any person who violates any provision of subsection (a) shall be guilty of a class C misdemeanor.
(c) Nothing in this section shall be construed to prohibit the use of devices approved pursuant to K.S.A. 65-1,107 and amendments thereto for preliminary screening tests for law enforcement purposes.