Providing that the failure of an alcohol or drug test can be certified when the law enforcement officer administering such test had reasonable grounds to believe a person was attempting to operate a vehicle.

SB 326 amends Kansas law to require that a law enforcement officer must have reasonable grounds to believe a driver was operating or attempting to operate a vehicle while under the influence of alcohol or drugs before certifying a test failure. This affects drivers suspected of driving under the influence who fail an alcohol or drug test, as the officer’s certification must now explicitly document this belief alongside other details like the test result (0.08% BAC or higher) and the driver’s arrest or accident involvement. The bill standardizes the certification process to ensure it meets legal requirements before license suspension actions can proceed. This change clarifies procedural steps for officers and ensures consistency in handling DUI test failures.