screening test in Kansas

2020State v. Edgar, 296 Kan. 513, 521 , 294 P.3d 251 (2013).

2016We applied these principles in State v. Edgar, 296 Kan. 513 , 294 P.3d 251 (2013), in which we considered whether a suspect could revoke an implied consent under K.S.A. 2010 Supp. 8-1012(a) (whereby a person is “deemed to have given consent to submit to a preliminary screening test” for alcohol and drugs).

2020State v. Edgar, 296 Kan. 513, 521 , 294 P.3d 251 (2013).

2016We applied these principles in State v. Edgar, 296 Kan. 513 , 294 P.3d 251 (2013), in which we considered whether a suspect could revoke an implied consent under K.S.A. 2010 Supp. 8-1012(a) (whereby a person is “deemed to have given consent to submit to a preliminary screening test” for alcohol and drugs).

2021State v. Ayers, 309 Kan. 162, 163-64 , 432 P.3d 663 (2019). 5 Our statutes define a test refusal as "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." K.S.A. 2020 Supp. 8-1013(i).

2021State v. Ayers, 309 Kan. 162, 163-64 , 432 P.3d 663 (2019). 5 Our statutes define a test refusal as "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." K.S.A. 2020 Supp. 8-1013(i).

2012Reasonable Suspicion to Request a Preliminary Breath Test (PBT) Administration of a PBT is governed by K.S.A. 2010 Supp. 8-1012(b), which states: “A law enforcement officer may request a person who is operating or attempting to operate a vehicle within this state to submit to a preliminary screening test of the person’s breath to determine the alcohol concentration of die person’s breath if the officer has reasonable suspicion to believe die person has been operating or attempting to operate a vehicle while under the influence of alcohol or drugs or bodi alcohol and drugs.” (Emphasis added.) “

2012Reasonable Suspicion to Request a Preliminary Breath Test (PBT) Administration of a PBT is governed by K.S.A. 2010 Supp. 8-1012(b), which states: “A law enforcement officer may request a person who is operating or attempting to operate a vehicle within this state to submit to a preliminary screening test of the person’s breath to determine the alcohol concentration of die person’s breath if the officer has reasonable suspicion to believe die person has been operating or attempting to operate a vehicle while under the influence of alcohol or drugs or bodi alcohol and drugs.” (Emphasis added.) “

2005A law enforcement officer may arrest a person based in whole or in part upon the results of a preliminary screening test.’ “K.S.A. 1999 Supp. 8-1012 additionally states: ‘Refusal to take and complete the test as requested is a traffic infraction.’ [subject to fine] “The recent case of Gross v. Kansas Dept. of Revenue, 26 Kan.

2005App. 2d 847 , Syl. ¶ 2, 994 P.2d 666 (2000), discusses the usage of a PBT as ‘an unobtrusive test given in conjunction with other field sobriety tests to determine probable cause to arrest for driving under the influence.’ “The results of a PBT have greatly limited application in that they are ‘not admissible in any civil or criminal action except to aid the court or hearing officer 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. 8-1001 and amendments thereto.’ K.S.A. 1999 Supp. 8-1012.” 270 Kan. at 798-99 . *80 We

2005App. 2d 847 , Syl. ¶ 2, 994 P.2d 666 (2000), discusses the usage of a PBT as ‘an unobtrusive test given in conjunction with other field sobriety tests to determine probable cause to arrest for driving under the influence.’ “The results of a PBT have greatly limited application in that they are ‘not admissible in any civil or criminal action except to aid the court or hearing officer 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. 8-1001 and amendments thereto.’ K.S.A. 1999 Supp. 8-1012.” 270 Kan. at 798-99 . *80 We

2005Nevertheless, die additional seven elements in the warnings of 8-1001, some of which are discussed in Gray , evidence *81 that the legislature meant for the two tests to be markedly different, i.e, “separate in purpose, usage, and legal effect.” 270 Kan. at 798 .

2004The district court dismissed the charges, holding he had properly rescinded his refusal to take the breath test as allowed by Standish v. Department of Revenue, 235 Kan. 900 , 683 P.2d 1276 (1984).

2004The district court dismissed the charges, holding he had properly rescinded his refusal to take the breath test as allowed by Standish v. Department of Revenue, 235 Kan. 900 , 683 P.2d 1276 (1984).

2000It provides: “A law enforcement officer may request a person who is operating or attempting to operate a vehicle within this state to submit to a preliminary screening test of the person’s breath to determine the alcohol concentration of the person’s breath if the officer has reasonable grounds to believe that the person: (a) Has alcohol in the person’s body.” *849 Probable cause is synonymous with the statutory term “reasonable grounds.” Angle v. Kansas Dept. of Revenue, 12 Kan.

2000App. 2d 756, 767 , 758 P.2d 226 , rev. denied 243 Kan. 777 (1988).

1992In a case recently decided by this court, it was held that a test was not complete as required when the driver, Call, actually blew into the machine and produced “a breath alcohol measure of .124%” but “the printout further indicated the sample furnished was deficient.” Call v. Kansas Dept. of Revenue, 17 Kan.