Please use the following directions as guidance when you have an arrest for driving under the influence of alcohol or drugs. The directions are also attached on the full cover letter from KDOR along with a copy of the DC-70, DC-27/28 and CDL-5.
The most important take away from this email is do NOT use any form from the Intoxilyzer 9000 in any office anywhere until notified they are updated. The new forms contain all of the required changes from case law and legislature. Failure to use the new form after July 1, 2016 will result in dismissal. There is one exception as noted below (and on the attached letter) for a blood draw that occurred prior to July 1, 2016.
- If you do not have a paper copy with the carbon copies (white, yellow and pink forms) then please use the CDL-5, DC-28, DC-27, and implied consent advisory forms from the links below.
- If you use the linked PDF version you MUST:
- Print the form
- Fill it out and then photo copy it (do not fill out multiple forms as errors may occur)
- Provide a photo copy of the front of the form and the back of the form to the suspect.
It is critical the individual in custody for the arrest be provided the back of the form as it contains rights pursuant to K.S.A. 8-1002.
Beginning July 1, 2016, these paper forms should be used by all law enforcement in lieu of the electronic version, associated with the Intoxilyzer 9000, until further notice.
Old forms should be collected and not used for test refusals or test failures which occur on or after 12:01 am on July 1, 2016 with one exception. If a blood test was done prior to July 1, 2016, and the result is not yet known, the 2013 version of the form should be used when the test result is provided, since the test failure will date from the date the blood was taken.
USE DOCUMENTS FROM THE FOLLOWING LINKS IF YOU DO NOT HAVE THE MOST CURRENT STATE PRINTED FORM:
- KDOR Instructions
- Implied Consent Advisory
- DC27 OFFICER’S CERTIFICATION AND NOTICE OF SUSPENSION
- DCD28 CERTIFICATION AND NOTICE OF SUSPENSION OF TEST RESULT OF .02 OR GREATER, BUT LESS THAN .08 FOR PERSONS UNDER 21 YEARS OF AGE
- CDL-5 OFFICER’S REPORT AND NOTICE OF DISQUALIFICATION OF COMMERCIAL DRIVING PRIVILEGES