Under Kansas driving under the influence (DUI) laws, offenders with a DUI conviction are ordered by the court to install ignition interlock devices (IIDs). DUI penalties also include jail time, fines, vehicle impoundment and the suspension of driving privileges. When considering prior DUI convictions, Kansas courts are required to consider the offender’s DUI convictions in other states.
Offenders are responsible for any and all costs associated with the IID, including installation, purchasing, leasing, monitoring, maintenance and removal. The costs of the IID are in addition to the payment of fines, court costs and the cost of any court-ordered education and treatment programs.
Offenders must obtain IIDs from service providers that are approved by the State of Kansas. Offenders must provide proof of IID installation and use to the Kansas Division of Motor Vehicles. Driving privileges will not be reinstated until the offender submits the required documentation.
An IID is connected to the vehicle’s ignition system. Prior to starting the vehicle, the driver must submit a breath sample into the device. If the IID detects a breath alcohol content that is above a pre-set limit, the IID prevents the vehicle from starting. The driver must submit random breath samples, or rolling re-tests, while operating the vehicle. If the rolling re-test results in a breath alcohol content that is above the pre-set limit, the IID triggers the vehicle’s horn and lights. The horn and lights continue to be activated by the IID until the driver submits a clean breath sample or turns off the vehicle.
A second DUI conviction in Kansas results in jail time of 90 days to one year, a $1,000 to $1,500 fine, a court order to complete a treatment program for alcohol and drug abuse and the suspension of driving privileges for a period of one year. After the offender serves the one-year suspension period, driving is restricted to vehicles that are equipped with IIDs. The IIDs must remain installed on any and all vehicles operated by the offender for a period of one year. The offender’s vehicle may be impounded for a period of one year.
Third and subsequent DUI convictions are felony offenses in Kansas. Jail time is 90 days to one year. Fines are $1,500 to $2,500 for a third-time conviction and $2,500 for the fourth DUI conviction. Offenders must complete court-ordered treatment programs. Driving privileges are suspended for a period of one year, after which the offender must operate only ignition interlock devices equipped vehicles for a period of one year. The offender’s vehicle may be impounded for up to one year.
For a fourth-time DUI offense, the court also revokes the offender’s license plates and temporary registrations for a period of one year. After serving jail time or completing a work release program, the offender is placed in the custody of the Secretary of the Kansas Department of Corrections for a period of one year for post-release supervision.
Driving privileges are permanently revoked after a fifth conviction for DUI. This felony offense results in 90 days to one year in jail, a $2,500 fine and one year of post-release supervision by the Secretary of the Kansas Department of Corrections.
Additional Resources For Ignition Interlock Devices, Breath Alcohol and Ignition Interlock Laws in the State of Kansas
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