Do Kansas courts consider a "margin of error" in breath testing results?
Kansas courts generally do not consider variances in a breath test machine (Intoxilyzer 9000) when a driver submits a test just slightly over the legal limit of 0.08%. The Kansas statute does not give any cushion to a driver who blows 0.08% an hour or more after being pulled over. The DUI statute allows for a whopping three (3) hour window for the collection of a breath or blood test. This time frame allows for the alcohol level to continue rising in the blood until it hits a peak, and then begins to decrease as the alcohol is metabolized over time.
