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Kansas Statutes Annotated

K.S.A. § 8-1005 (2026)

Evidence; test results admissible in prosecutions; weight to be given evidence

✓ current as of May 2026
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8-1005. Evidence; test results admissible in prosecutions; weight to be given evidence. Except as provided by K.S.A. 8-1012, and amendments thereto, in any criminal prosecution for violation of the laws of this state relating to operating or attempting to operate a vehicle while under the influence of alcohol or drugs, or both, or the commission of vehicular homicide or manslaughter while under the influence of alcohol or drugs, or both, or in any prosecution for a violation of a city ordinance relating to the operation or attempted operation of a vehicle while under the influence of alcohol or drugs, or both, evidence of the concentration of alcohol or drugs in the defendant's blood, urine, breath or other bodily substance may be admitted and shall give rise to the following:

(a) If the alcohol concentration is less than .08, that fact may be considered with other competent evidence to determine if the defendant was under the influence of alcohol, or both alcohol and drugs.

(b) If the alcohol concentration is .08 or more, it shall be prima facie evidence that the defendant was under the influence of alcohol to a degree that renders the person incapable of driving safely.

(c) If there was present in the defendant's bodily substance any narcotic, hypnotic, somnifacient, stimulating or other drug which has the capacity to render the defendant incapable of safely driving a vehicle, that fact may be considered to determine if the defendant was under the influence of drugs, or both alcohol and drugs, to a degree that renders the defendant incapable of driving safely.

History: L. 1955, ch. 279, § 1; L. 1967, ch. 60, § 2; L. 1970, ch. 51, § 3; L. 1973, ch. 42, § 1; L. 1976, ch. 49, § 1; L. 1982, ch. 144, § 4; L. 1985, ch. 48, § 7; L. 1986, ch. 40, § 4; L. 1986, ch. 41, § 1; L. 1988, ch. 47, § 15; L. 1993, ch. 259, § 16; L. 1993, ch. 291, § 269; July 1.

Notes of Decisions
Cited in 34 cases (2 in the last 5 years), 1977–2024 · leading case: Divine v. Groshong, 679 P.2d 700 (Kan. 1984).
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Divine v. Groshong, 679 P.2d 700 (Kan. 1984). · cites it 5× “” This instruction is derived from K.S.A. 1981 Supp. 8-1005, which reads as follows: *136 “In any criminal prosecution for violation of the laws of this state relating to driving of a motor vehicle while under the influence of intoxicating liquor .”
State v. Stevens, 172 P.3d 570 (Kan. 2007). · cites it 2× “Like the Court of Appeals, we begin by noting that K.S.A. 8-1005 addresses evidence that can be used in a criminal prosecution for operating or attempting to operate a vehicle while under the influence of alcohol or drugs, or both.”
Foos v. Terminix & Zurich Am. Ins., 89 P.3d 546 (Kan. 2004). · cites it 2× “08 threshold at which a presumption of impairment arises in criminal prosecutions for driving under the influence (K.S.A. 8-1005) or in administrative proceedings for revocation of a noncommercial driver's license (K.”
State v. Young, 614 P.2d 441 (Kan. 1980). · cites it 3× “K.S.A. 1979 Supp. 8-1005 provides: “(a) In any criminal prosecution for violation of the laws of this state relating to driving of a motor vehicle while under the influence of intoxicating liquor, or the commission of vehicular homicide or manslaughter while under the influence…”
State v. Stevens, 138 P.3d 1262 (Kan. Ct. App. 2006). · cites it 3× “” K.S.A. 8-1005 discusses the evidence that can be used in a criminal proceeding against a defendant who has been charged with driving under the influence of alcohol.”
Thornton v. Shore, 666 P.2d 655 (Kan. 1983). · cites it 2× “8-1567) and statute governing evidence to be admitted in such prosecutions (K.S.A. 8-1005) were the direct result of public concern over the terrible trail of carnage caused by intoxicated drivers.”
State v. Jones, 106 P.3d 1 (Kan. 2005). “[See K.S.A. 8-1005], Pursuant to K.S.A. 1999 Supp.”
Poole v. Earp Meat Co., 750 P.2d 1000 (Kan. 1988). · cites it 4× “K.S.A. 1987 Supp. 8-1005; Okla. Stat. tit.”
State v. Armstrong, 689 P.2d 897 (Kan. 1984). · cites it 3× “K.S.A. 8-1005 provides that evidence of the amount of alcohol in the defendant’s blood at the time alleged .”
State v. Parson, 601 P.2d 680 (Kan. 1979). · cites it 2× “He further argues K.S.A. 1978 Supp. 8-1005(a) specifically states the percentage of alcohol found must reflect the percentage in the accused’s body at the time of the accident.”
State v. Price, 664 P.2d 869 (Kan. 1983). · cites it 2× “The instruction given was based on K.S.A. 8-1005, which provides: “(a) In any criminal prosecution for violation of the laws of this state relating to driving of a motor vehicle while under the influence of alcohol, or a combination of alcohol and any drug, or the commission of…”
State v. Makin, 576 P.2d 666 (Kan. 1978). · cites it 2× “The intent of the legislature not to totally exclude unintentional homicide arising from operation of a motor vehicle from the involuntary manslaughter statute is shown in K.S.A. 1977 Supp. 8-1005 which provides in part: “(a) In any criminal prosecution for violation of the laws…”
Show all 34 citing cases →
— K.S.A. § 8-1005(a) — 4 cases
State v. Huninghake, 708 P.2d 529 (Kan. 1985).
State v. Parson, 601 P.2d 680 (Kan. 1979). “He further argues K.S.A. 1978 Supp. 8-1005(a) specifically states the percentage of alcohol found must reflect the percentage in the accused’s body at the time of the accident.”
City of Ottawa v. Brown, 730 P.2d 364 (Kan. Ct. App. 1986).
State v. Zeiner (Kan. Ct. App. 2021).
— K.S.A. § 8-1005(a)(2) — 4 cases
State v. Pitchford, 697 P.2d 896 (Kan. Ct. App. 1985).
State v. Armstrong, 689 P.2d 897 (Kan. 1984). “K.S.A. 8-1005 provides that evidence of the amount of alcohol in the defendant’s blood at the time alleged .”
State v. Pendleton, 849 P.2d 143 (Kan. Ct. App. 1993).
United States v. Marsha Dianne Hayes, 640 F.2d 280 (10th Cir. 1981).
— K.S.A. § 8-1005(b) — 10 cases
Divine v. Groshong, 679 P.2d 700 (Kan. 1984). “” This instruction is derived from K.S.A. 1981 Supp. 8-1005, which reads as follows: *136 “In any criminal prosecution for violation of the laws of this state relating to driving of a motor vehicle while under the influence of intoxicating liquor .”
State v. Parson, 601 P.2d 680 (Kan. 1979). “He further argues K.S.A. 1978 Supp. 8-1005(a) specifically states the percentage of alcohol found must reflect the percentage in the accused’s body at the time of the accident.”
City of Ottawa v. Brown, 730 P.2d 364 (Kan. Ct. App. 1986).
Foos v. Terminix, 67 P.3d 173 (Kan. Ct. App. 2003).
State v. Pendleton, 849 P.2d 143 (Kan. Ct. App. 1993).
— K.S.A. § 8-1005(c)(2) — 1 case
State v. Reeves, 664 P.2d 862 (Kan. 1983).
— K.S.A. § 8-1005(fc) — 1 case
City of Topeka v. Martin, 604 P.2d 73 (Kan. Ct. App. 1979).
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