Kansas's Drugged Driving Law

Learn about the laws and penalties for driving under the influence of drugs (DUID) in Kansas.

Kansas’s drugged driving law is found at Kansas Statutes Annotated Section 8-1567. It states

  • No person shall operate or attempt to operate any vehicle within this state if under the influence of a combination of alcohol and any drug or drugs to a degree that renders the person incapable of safely driving a vehicle, and
  • No person shall operate or attempt to operate any vehicle within this state if the person is a habitual user of any narcotic, hypnotic, somnifacient or stimulating drug. It is a misdemeanor for any person who is a habitual user of any controlled substance defined in section 12-22-303(7), C.R.S. to drive any vehicle in this state.

Kansas has two standards for drugged driving arrests: impairment and addiction (habitual user). Impairment means that the person is incapable of driving safely – that is,  less able than the person ordinarily would have been, either mentally or physically, or both mentally and physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle. Kansas also prohibits driving by someone who is a habitual user (an addict).

What drugs are prohibited?

Kansas’s drugged driving law is directed at the prohibition of “any drug.” You should presume that includes controlled substances regulated by federal law are found at the Drug Enforcement Administration website. Kansas also prohibits “toxic vapors”. It’s not an acceptable defense to a drugged driving charge to claim that the driver is legally entitled to use the controlled substance, and that includes marijuana users.

What happens if a driver is convicted of drug impaired driving in Kansas?

A driver arrested for drugged driving in Kansas will be charged with driving under the influence and subject to DUI penalties. A conviction for drugged driving will be considered as a prior offense for purposes of calculating punishment regardless of whether a subsequent offense is due to alcohol or drugs. Read more about Kansas’s DUI laws.

Do Kansas drivers have to submit to drug testing?

Yes, there is an implied consent rule for breath, blood, and urine testing for drugged drivers. The refusal to take the test can be admitted into evidence against the driver.

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