Kansas § 8-2,136 Same; prohibiting driving with alcohol in person's system; out-of-service order

Kansas Statutes

§ 8-2,136 — Same; prohibiting driving with alcohol in person's system; out-of-service order

Kansas § 8-2,136

Ch. 8AUTOMOBILES AND OTHER VEHICLES

Art. 2DRIVERS' LICENSES

This text of Kansas § 8-2,136 (Same; prohibiting driving with alcohol in person's system; out-of-service order) 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. § 8-2,136 (2026).

Text

(a)Notwithstanding any other provisions of this act, a driver shall not drive, operate or be in physical control of a commercial motor vehicle while having alcohol in such driver's system.

(b)A driver who drives, operates or is in physical control of a commercial motor vehicle while having alcohol in such driver's system or who refuses to take a test to determine their alcohol content as provided by K.S.A. 8-2,142, and amendments thereto, shall be placed out-of-service for 24 hours.

(c)A driver convicted of violating an out-of-service order while driving or operating a commercial motor vehicle shall be subject to the following disqualifications:

(1)First conviction, the driver is disqualified for 90 days;

(2)second conviction, the driver is disqualified for one year;

(3)third and sub

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(a) Notwithstanding any other provisions of this act, a driver shall not drive, operate or be in physical control of a commercial motor vehicle while having alcohol in such driver's system.
(b) A driver who drives, operates or is in physical control of a commercial motor vehicle while having alcohol in such driver's system or who refuses to take a test to determine their alcohol content as provided by K.S.A. 8-2,142, and amendments thereto, shall be placed out-of-service for 24 hours.
(c) A driver convicted of violating an out-of-service order while driving or operating a commercial motor vehicle shall be subject to the following disqualifications:
(1) First conviction, the driver is disqualified for 90 days;
(2) second conviction, the driver is disqualified for one year;
(3) third and subsequent conviction, the driver is disqualified for three years.