Providing that the failure of an alcohol or drug test can be certified when the law enforcement officer administering such test had reasonable grounds to believe a person was attempting to operate a vehicle.

Session of 2026
SENATE BILL No. 326
By Committee on Transportation
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AN ACT concerning crimes, punishment and criminal procedure; relating
to driving under the influence test failures; providing that the failure of
an alcohol or drug test can be certified when the law enforcement
officer administering such test had reasonable grounds to believe a
person was attempting to operate a vehicle; amending K.S.A. 8-1002
and repealing the existing section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 8-1002 is hereby amended to read as follows: 8-
1002. (a) Whenever a test is requested pursuant to this act and results in
either a test failure or test refusal, a law enforcement officer's certification
shall be prepared. If the person had been driving a commercial motor
vehicle, as defined in K.S.A. 8-2,128, and amendments thereto, a separate
certification pursuant to K.S.A. 8-2,145, and amendments thereto, shall be
prepared in addition to any certification required by this section. The
certification required by this section shall be signed by one or more
officers to certify:
(1) With regard to a test refusal, that:
(A) There existed reasonable grounds to believe the person was
operating or attempting to operate a vehicle while under the influence of
alcohol or drugs, or both, or to believe that the person had been driving a
commercial motor vehicle, as defined in K.S.A. 8-2,128, and amendments
thereto, or is under 21 years of age while having alcohol or other drugs in
such person's system;
(B) the person had been placed under arrest, was in custody or had
been involved in a vehicle accident or collision;
(C) a law enforcement officer had presented the person with the oral
and written notice required by K.S.A. 8-1001, and amendments thereto;
and
(D) the person refused to submit to and complete a test as requested
by a law enforcement officer.
(2) With regard to a test failure, that:
(A) There existed reasonable grounds to believe the person was
operating or attempting to operate a vehicle while under the influence of
alcohol or drugs, or both, or to believe that the person had been driving a
commercial motor vehicle, as defined in K.S.A. 8-2,128, and amendments
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thereto, or is under 21 years of age while having alcohol or other drugs in
such person's system;
(B) the person had been placed under arrest, was in custody or had
been involved in a vehicle accident or collision;
(C) a law enforcement officer had presented the person with the oral
and written notice required by K.S.A. 8-1001, and amendments thereto;
and
(D) the result of the test showed that the person had an alcohol
concentration of .08 or greater in such person's blood or breath.
(3) With regard to failure of a breath test, in addition to those matters
required to be certified under subsection (a)(2), that:
(A) The testing equipment used was certified by the Kansas
department of health and environment;
(B) the testing procedures used were in accordance with the
requirements set out by the Kansas department of health and environment;
and
(C) the person who operated the testing equipment was certified by
the Kansas department of health and environment to operate such
equipment.
(b) For purposes of this section, certification shall be complete upon
signing, and no additional acts of oath, affirmation, acknowledgment or
proof of execution shall be required. The signed certification or a copy or
photostatic reproduction thereof shall be admissible in evidence in all
proceedings brought pursuant to this act, and receipt of any such
certification, copy or reproduction shall accord the department authority to
proceed as set forth herein. Any person who signs a certification submitted
to the division knowing it contains a false statement is guilty of a class B
nonperson misdemeanor.
(c) When the officer directing administration of the testing
determines that a person has refused a test and the criteria of subsection (a)
(1) have been met or determines that a person has failed a test and the
criteria of subsection (a)(2) have been met, the officer shall serve upon the
person notice of suspension of driving privileges pursuant to K.S.A. 8-
1014, and amendments thereto. If the determination is made while the
person is still in custody, service shall be made in person by the officer on
behalf of the division of vehicles. In cases where a test failure is
established by a subsequent analysis of a breath, blood or urine sample, the
officer shall serve notice of such suspension in person or by another
designated officer or by mailing the notice to the person at the address
provided at the time of the test.
(d) (1) In addition to the information required by subsection (a), the
law enforcement officer's certification and notice of suspension shall
contain the following information:
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(1)(A) The person's name, driver's license number and current
address;
(2)(B) the reason and statutory grounds for the suspension;
(3)(C) the date notice is being served and a statement that the
effective date of the suspension shall be the 30 th day after the date of
service;
(4)(D) the right of the person to request an administrative hearing;
and
(5)(E) the procedure the person must follow to request an
administrative hearing.
(2) The law enforcement officer's certification and notice of
suspension shall also inform the person that:
(1)(A) Constitutional issues cannot be decided at the administrative
hearing, but may be preserved and raised in a petition for review of the
hearing as provided in K.S.A. 8-1020(o) and (p), and amendments thereto;
and
(2)(B) all correspondence will be mailed to the person at the address
contained in the law enforcement officer's certification and notice of
suspension unless the person notifies the division in writing of a different
address or change of address.
(3) The address provided pursuant to paragraph (2)(B) will be
considered a change of address for purposes of K.S.A. 8-248, and
amendments thereto, if the address furnished is different from that on file
with the division.
(e) If a person refuses a test or if a person is still in custody when it is
determined that the person has failed a test, the officer shall take any
license in the possession of the person and, if the license is not expired,
suspended, revoked or canceled, shall issue a temporary license effective
until the 30 th day after the date of service set out in the law enforcement
officer's certification and notice of suspension. If the test failure is
established by a subsequent analysis of a breath or blood sample, the
temporary license shall be served together with the copy of the law
enforcement officer's certification and notice of suspension. A temporary
license issued pursuant to this subsection shall bear the same restrictions
and limitations as the license for which it was exchanged. Within seven
days after the date of service of a copy of the law enforcement officer's
certification and notice of suspension the officer's certification and notice
of suspension, along with any licenses taken, shall be forwarded to the
division.
(f) Upon receipt of the law enforcement officer's certification, the
division shall review the certification to determine that it meets the
requirements of subsection (a). Upon so determining, the division shall
proceed to suspend the person's driving privileges in accordance with the
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notice of suspension previously served. If the requirements of subsection
(a) are not met, the division shall dismiss the administrative proceeding
and return any license surrendered by the person.
(g) The division shall prepare and distribute forms for use by law
enforcement officers in giving the notice required by this section.
(h) The provisions of K.S.A. 60-206, and amendments thereto,
regarding the computation of time shall be applicable in determining the
effective date of suspension set out in subsection (d).
Sec. 2. K.S.A. 8-1002 is hereby repealed.
Sec. 3. This act shall take effect and be in force from and after its
publication in the statute book.
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