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Appendix A
Motor Vehicle Statutes That Address Child Endangerment

KANSAS

Kan. Stat. Ann. § 8-1567(h) (2003)
Driving under influence of alcohol or drugs; blood alcohol concentration; penalties

  1. No person shall operate or attempt to operate any vehicle within this state while:
    1. The alcohol concentration in the person's blood or breath as shown by any competent evidence, including other competent evidence, as defined in paragraph (1) of subsection (f) of K.S.A. 8-1013, and amendments thereto, is .08 or more;
    2. the alcohol concentration in the person's blood or breath, as measured within two hours of the time of operating or attempting to operate a vehicle, is .08 or more;
    3. under the influence of alcohol to a degree that renders the person incapable of safely driving a vehicle;
    4. under the influence of any drug or combination of drugs to a degree that renders the person incapable of safely driving a vehicle; or
    5. 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.
  2. 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.
  3. Any person convicted of violating this section or an ordinance which prohibits the acts that this section prohibits who had a child under the age of 14 years in the vehicle at the time of the offense shall have such person's punishment enhanced by one month of imprisonment. This imprisonment must be served consecutively to any other penalty imposed for a violation of this section or an ordinance which prohibits the acts that this section prohibits. During the service of the one month enhanced penalty, the judge may order the person on house arrest, work release or other conditional release.

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