Kansas Legislators passed a new DUI Bill by unanimous vote. Although not yet signed by Governor Brownback, most assume he will after having no opposing votes through both chambers. Senate Bill 6 is most compiled of recommendations from the two year DUI commission study that was chaired by Senator Owens. Although there many different aspects that were changed I will detail how each new section of the bill will change license penalties that are administratively delivered for a DUI offense.
On a first offense for DUI in Kansas every offender will be required to have some period of suspension followed by a period of ignition interlock. Proof of completion of the interlock period is required to regain an unrestricted drivers license. This means waiting out the interlock period will merely wasted that time, as you will be required to show completion of the interlock program prior to being reinstated, in Kansas or in any other state.
Penalties and Time Restrictions for a 1st offense:
Failed Test:
.08 < .149 – Will be required to serve a 30 day license suspension followed by 180 days or 6 months of ignition interlock.
*The bill also states the following reasons one may be required to serve 1 year ignition interlock on a first offense.
“(A) Been convicted of a violation of K.S.A. 8-1599, and amendments thereto; (B) been convicted of a violation of K.S.A. 41-727, and amendments thereto; (C) been convicted of any violations listed in subsection (a) of K.S.A. 8-285, and amendments thereto; (D) been convicted of three of more moving traffic violations committed on separate occasions within a 12-month period; or (E) had such person's driving privileges revoked, suspended, canceled or withdrawn.”
K.S.A. 8-1599 – Open Container, click link for full statute.
K.S.A. 41-727 – Minor in Possession/Consumption. No person under 21 years of age shall possess, consume, obtain, purchase or attempt to obtain or purchase alcoholic liquor or cereal malt beverage except as authorized by law
K.S.A. 8-285 – Habitual Violator statute.
Test Refusal:
First offense where the test was refused shall serve a 1 year license suspension, followed by a 1 year ignition interlock period. Must provide state an install/removal verification form to prove ignition interlock completion to get unrestricted license in Kansas or other state.
Failed Test with High BrAC:
.150<
First offense where the test was refused shall serve a 1 year license suspension, followed by a 1 year ignition interlock period. Must provide state an install/removal verification form to prove ignition interlock completion to get unrestricted license in Kansas or other state.
But I Have to Drive, Can I Get Out of My Suspension?
First offense violations that require a one year suspension can get back to driving, but only after serving at least 45 days of suspension. After 45 days of no driving, anyone who has not been suspended or further restricted by the Department of Revenue can apply to have their license reinstated and restricted to interlock. Smart Start can assist you and help you complete this process, we just need your signature and we can help expedite the process and get you back on the road. You will however only be able to drive to and from work, school and emergencies during the remainder of your year of suspension.
I got a High BrAC 1st offense, or test refusal before July 1, 2011. Can I get out of my Suspension?
Senate Bill 6 has a retroactive provision that allows anyone who was suspended prior to this new law being enacted, for a fee of $100, can get a restricted license with the installation of an interlock device. That is of course as long as you have not been suspended or revoked for any other offense such as driving while suspended. This will allow people to drive and avoid inconveniencing friends and family during the majority of the suspension period. You will of course be required to follow the restrictions on where you can drive, but it is better than a full year of suspension. If you have questions about this process or if you qualify please contact us at 1-866-747-8278, we would be happy to help you out or click here to contact us, we would love to get your questions answered and email you the answers. Smart Start is all about making the process of getting you back on the road easy and convenient for your busy schedule.
A continued breakdown of the new Kansas DUI Law for Kansas Ignition Interlock will come in following posts. I will break down each offense, what the new penalties are and what to expect to get back on the road. Please feel free to CONTACT US for any questions about how the new law will change when you get your license back. We are always available to help and would be happy to answer any questions. For any questions or to schedule and installation please call us at 866-747-8278.
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For ignition interlock needs in the state of Kansas, Nebraska or Iowa you can click the link below to find our service center closest to you. Or give us a call and we would be happy to answer any ignition interlock question that you may have. 866-747-8278. Also Offering the Smart Start In-Hom Device, the best in home alcohol monitoring. The lowest cost continuous alcohol monitoring device on the market today.
Locations can be found by clicking here.
Wichita Kansas, Kansas City Kansas, Olathe Kansas, Topeka Kansas, Manhattan Kansas, Salina Kansas, Lawrence Kansas, Emporia Kansas, Hutchinson Kansas, Great Bend Kansas, Garden City Kansas, Hays Kansas, Colby Kansas, Independence Kansas, Pittsburg Kansas, Moundridge Kansas, Liberal Kansas, Dodge City Kansas, Junction City Kansas, El Dorado Kansas, Greensburg Kansas, Garnett Kansas, Leavenworth Kansas
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Omaha Nebraska (3 locations), Lincoln Nebraska, Norfolk Nebraska, Beatrice Nebraska, Kearney Nebraska, Hastings Nebraska, Grand Island Nebraska, McCook Nebraska, Scottsbluff Nebraska, South Sioux City Nebraska, Nebraska City Nebraska, Columbus Nebraska
Sioux City Iowa, Des Moines Iowa, Ames Iowa, Evansdale Iowa, Mason City Iowa, Oskaloosa Iowa, New London Iowa, Davenport Iowa, Dubuque Iowa, Iowa City Iowa, Cedar Rapids Iowa, Ankeny Iowa
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