When law enforcement performs a test on a person suspected of driving under the influence, can that suspected person have any legal action against the testing facility or person performing the test? K.S.A. 8-1024 provides immunity from legal actions for these entities performing a DUI test in Kansas.
While there are certain requirements for this immunity, such as the testing person acting in good faith and acting under the direction of a law enforcement officer, this statute provides immunity from nearly any type of legal action for the person collecting the test sample. This is even if a suspected DUI driver resists or objects to such a test.
Why would the Kansas legislature enact such a statute? I believe that there might have been a worry that no medical facility or medical personnel would choose to aid law enforcement in obtaining a test sample if they believed that there could be legal action against them for their participation in the testing. It is better practice to have medical personnel perform the testing and obtaining of either blood or urine rather than law enforcement.
We do not need to discuss potential arguments for either prosecutors or defense attorneys given this is a flat immunity statute. Even if a person objects to the testing to the point of needing to be restrained to obtain a test sample, this statute will not allow a suspected driver to bring a claim against the person who collected the sample as long as the person who obtained the sample acted in good faith and at the request of law enforcement.
Until next time, drive safe!