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STATE v. FISH6/14/1980
ing while under the influence of intoxicating liquor or drugs, as prohibited by K.S.A. 1977 Supp. 8-1567, or as prohibited by an ordinance of any city in this state or by any law of another state, which ordinance or law declares to be unlawful the acts prohibited by said statute. . . ." (Emphasis supplied.)K.S.A. 8-1212 provides in part as follows:
"8-1212. Driver license compact.
. . . .
"Article IV. — Effect of Conviction
"(a) The licensing authority in the home state, for the purposes of suspension, revocation or limitation of the license to operate a motor vehicle, shall give the same effect to the conduct reported, pursuant to article III of this compact, as it would if such conduct had occurred in the home state, in the case of convictions for:
"(1) Manslaughter or negligent homicide resulting from the operation of a motor vehicle;
"(2) Driving a motor vehicle while under the influence of intoxicating liquor or a narcotic drug, or under the influence of any other drug to a degree which renders the driver incapable of safely driving a motor vehicle. . . ." (Emphasis supplied.)
The language used in the above statutes should be carefully noted. K.S.A. 1979 Supp. 8-1005, which deals with the subject of blood alcohol tests, refers to "criminal prosecution for violation of the laws of this state relating to driving of a motor vehicle while under the influence of an intoxicating liquor." This section was last amended in 1976. K.S.A. 1979 Supp. 8-1001 has to do
with the consent of the operator of the vehicle to submit to a chemical test of breath or blood, to determine the alcoholic content of his blood. In 8-1001 the word "operating" is used but it should be noted that consent to taking a blood sample is presumed provided the arresting officer has reason to believe that the person was driving under the influence of intoxicating liquor. It seems obvious that, as used in that statute, the words "operating" and "driving" are synonymous terms. Turning to K.S.A. 1979 Supp. 8-285, the term "habitual violator" is defined as any person who, within the immediately preceding five years, has been convicted in this or any other state three or more times of, among other things, driving while under the influence of an intoxicating liquor or drugs as prohibited by K.S.A. 1979 Supp. 8-1567. There is clearly an explicit recognition that the offense prohibited by 8-1567 is driving while under the influence of intoxicating liquor or drugs.
K.S.A. 8-1212, quoted above, is the driver's license compact entered into by this state along with other jurisdictions. It declares, in effect, that convictions for " riving a motor vehicle while under the influence of intoxicating liquor or a narcotic drug" in other states is given the same effect as if such conduct had occurred in this state. Again it should be noted that the reference in the compact is to driving a motor vehicle while under the influence of intoxicating liquor not operating a vehicle. In addition, there are other sections of the Uniform Act Regulating Traffic on Highways where the terms operating and driving are obviously used interchangeably. For example see K.S.A. 8-1561(a) and K.S.A. 8-1562. See also K.S.A. 8-1906 which has to do with the subject of securing loads on vehicles. Section (a) declares that no vehicle shall be driven or moved unless such vehicle is so constructed or loaded as to prevent any of its load from dropping. Section (b) provides that no person shall operate any vehicle unless the load or any covering thereon is securely fastened. It seems obvious that the words "dr
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