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STATE v. FISH6/14/1980
iven or moved" and "operated" are used interchangeably.
We also think it important to consider Chapter 50, Laws of 1976, which is the latest enactment of the legislature which amends K.S.A. 8-1567. Section (1) of Chapter 50 makes it unlawful and punishable for any person who is under the influence of intoxicating liquor to operate any vehicle within this state. The
title of Senate Bill No. 857 (which became Chapter 50) declares that it is "An act concerning the uniform act regulating traffic on highways relating to the offense of driving while intoxicated; amending K.S.A. 8-1567, and repealing the existing section." Thus, in the title of the bill which enacted K.S.A. 1979 Supp. 8-1567, the offense proscribed is described as "driving while intoxicated." It is difficult to see how the legislative intent could be more clearly expressed.
From this analysis of K.S.A. 1979 Supp. 8-1567 and other sections of the Uniform Act Regulating Traffic on Highways, we have concluded that the word "operate" as used in section (a) of that statute should be construed to mean "drive," thus requiring some evidence, either direct or circumstantial, that the defendant drove the automobile while intoxicated in order for the defendant to be convicted under that section. Proof of driving does not require an eyewitness to the driving. It may be shown by circumstantial evidence as was done in State v. Dill, 182 Kan. 174, and State v. Hazen, 176 Kan. 594.
For the reasons set forth above, it is the judgment of the court that the appeal of the State on the question reserved is not sustained.
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