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Kansas Statutes Annotated

K.S.A. § 8-1004 (2026)

Same; additional test by own physician; effect of denial

✓ current as of May 2026
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8-1004. Same; additional test by own physician; effect of denial. Without limiting or affecting the provisions of K.S.A. 8-1001, and amendments thereto, the person tested shall have a reasonable opportunity to have an additional test by a physician of the person's own choosing. In case the officer refuses to permit such additional testing, the testing administered pursuant to K.S.A. 8-1001, and amendments thereto, shall not be competent in evidence.

History: L. 1955, ch. 61, § 4; L. 1985, ch. 48, § 6; L. 1985, ch. 50, § 3; July 1.

Notes of Decisions
Cited in 27 cases (2 in the last 5 years), 1978–2025 · leading case: State v. May, 269 P.3d 1260 (Kan. 2012).
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State v. May, 269 P.3d 1260 (Kan. 2012). · cites it 7× “156 deficient sample reading, the district court analogized to the independent testing requirements of K.S.A. 8-1004. Under K.S.A. 8-1004, as long as a licensee submits to testing, even if producing only a deficient sample, that licensee has a right to seek an independent test.”
Drake v. Kansas Dep't of Revenue, 32 P.3d 705 (Kan. 2001). · cites it 8× “RIGHT TO ATTORNEY AND TO SECURE INDEPENDENT TESTING Drake contends that, under the facts of this case, the trial court’s conclusions of law regarding K.”
State v. Chastain, 960 P.2d 756 (Kan. 1998). · cites it 8× “8-1001(f)(l) does not by its terms cut off the right to an independent test provided for under K.S.A. 8-1004 which states: “Without limiting or affecting the provisions of K.”
State v. Young, 614 P.2d 441 (Kan. 1980). · cites it 6× “The later provisions in this statute regulate the withdrawal of blood, specify the persons authorized to do so, and grant such persons immunity from liability when such act is performed in a reasonable manner in accordance with generally accepted medical standards. The final…”
State v. George, 754 P.2d 460 (Kan. Ct. App. 1988). · cites it 7× “George contends the trial court erred in admitting the results of the State’s breath test, K.S.A. 1987 Supp. 8-1004. George also challenges the sufficiency of the evidence supporting his conviction.”
State v. Bristor, 682 P.2d 122 (Kan. Ct. App. 1984). · cites it 6× “Another statute which has application to this case is K.S.A. 8-1004, which provides: "Without limiting or affecting the provisions of K.”
State v. Kelly, 786 P.2d 623 (Kan. Ct. App. 1990). · cites it 3× “While defendant contends such denial is violative of the United States Constitution, the Kansas Constitution, and 8-1001(f)(l)(E), the statutory violation is all that is significantly addressed on appeal. The State claims that, even if defendant had a right to consult with…”
Dumler v. Kansas Dep't of Revenue, 354 P.3d 519 (Kan. 2015). · cites it 4× “The relevance of this opportunity is reinforced by K.S.A. 8-1004, which provides: “Without limiting or affecting the provisions of K.”
State v. Messer, 307 P.3d 255 (Kan. Ct. App. 2013). · cites it 8× “*314 Messer asked the district court to exclude evidence of his failed breath test, citing K.S.A. 8-1004, under which that test result will be excluded if “the officer refuses to permit.”
State v. Gray, 18 P.3d 962 (Kan. 2001). “K.S.A. 1987 Supp. 8-1004 states: ‘Without limiting or affecting the provisions of K.”
Meehan v. Kansas Dep't of Revenue, 959 P.2d 940 (Kan. Ct. App. 1998). · cites it 2× “K.S.A. 8-1004. Drivers are required to be advised of their right to an independent test.”
Barnhart v. Kansas Dep't of Revenue, 755 P.2d 1337 (Kan. 1988). “K.S.A. 1985 Supp. 8-1004 both establishes this right to an independent test, and enforces compliance by law officers.”
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