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Quicklinks: Kansas DUI Laws & Penalties
Kansas Criminal & DWI Laws - F.A.Q.
Frequently Asked Questions
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What is an Ignition Interlock Device?
An ignition interlock is a small device connected to your car ignition. It is a portable breathalyzer that require you to take a breath test prior to starting your car. If you test positive for any significant level of alcohol, your car will not start.
When is an Ignition Interlock Device Required in Kansas?
- If you are convicted of any 2nd offense DUI in Kansas (BAC under .15), you will have your license suspended for 1 full year, and then you will be required to have an ignition interlock device on your car for the following year.
- If you are convicted of a 1st offense DUI and register a .15 BAC or higher on a breath test machine, you will have your license suspended for 1 full year, and then you will be required to have an ignition interlock device on your car for the following year.
- If you are convicted of a 2nd offense DUI with a .15 BAC or higher, you will have your license suspended for 2 full years, and then you will be required to have an ignition interlock device on your car for 2 additional years.
Is there a Hardship License, Work License, or other Limited Use License I am eligible for after a DUI?
No, Kansas does not have any work license or limited hardship license program for those convicted of a DUI. And the penalties for driving while your Kansas driver's license is under suspension are serious. For some people, a long license suspension may be a reason to fight the case in court.
What Happens if I Refused the Breath Test?
Kansas is an implied consent state. You are essentially required by law to agree to take a breathalyzer/breath test if asked, as a condition of accepting a Kansas driver's license. (It's buried in the fine print somewhere.)
That means, if you are asked by an officer to submit to a breath test and refuse you can face additional charges. In Kansas, if you refuse the breath test and are later convicted of DUI you will have an additional license suspension of 1 year and also an additional one year of ignition interlocking device.
What is the Difference Between a Suspended and Revoked Drivers License?
The difference between getting you licenses revoked and suspended is the amount of time you lose it for. If the restriction is for less than one year, it is referred to as a suspension. However, if your license is taken for more than one year, it is called a revocation. Once you have been sentenced or notified by the court that your license is under restriction, you are required to turn your license in to the court. The court forwards your license to the DMV who will hold the license until your suspension/revocation is over. When the period of suspension has passed you are required to apply and test for a driver’s license as if it were your first time. You will also be required to pay a reinstatement fee or any fines before you are re-issued your license.
Call Me for a Free Legal Consultation and Case Evaluation on a Kansas Drunk Driving/DUI charge.
Defending Kansas DUI cases is one of the largest parts of my criminal defense practice. If you've been arrested for Drunk Driving (DWI / DUI) in Kansas, the Kansas City area (KS&MO), you need a Kansas DUI Defense lawyer with the right experience and training. A lawyer who will listen to you and take your concerns seriously. I am that lawyer. Call me now to find out what I can do to help, there's no obligation.
For more info on a DUI/DWI in Kansas or Missouri, call me at (888) 439-4244.
Law Offices of Mark Hagen
10801 Mastin Blvd, Suite #110
Overland Park, Kansas 66202
(888) 439-4244
Overland Park, KS / Kansas City, MO