Ignition Interlock Devices in Kansas
Ignition Interlock devices are an additional penalty that will be included if charged and found guilty of a common or commercial DUI, regardless of number of convictions. Depending on how many convictions one has, the ignition interlock device may be required from around 330 days for up to ten years. Further, they are used as a penalty for refusing a blood alcohol test and also for minors. Recently, the penalties for test refusal have been increased. For a second test refusal, driving privileges will be suspended for one year, followed by a two year ignition interlock restriction; for a third refusal a three year restriction; for a fourth refusal a four year restriction; and for a fifth refusal a ten year restriction. Additionally, in the event of a fifth time test failure, a ten year ignition interlock restriction will be imposed after a one year suspension. In Kansas, the Secretary of Revenue can determine the models and different types of ignition interlock devices for persons who have restricted driving privileges. Also, the state is immune from any civil or criminal liability that may arise as a result of the use of an ignition interlock device.
It is a nonperson misdemeanor to circumvent any ignition interlock device. Under Kansas law, a person’s driving privileges will be suspended for a two years if they tamper with the device with the intent to make it inaccurate or inoperable; for requesting or soliciting another to blow into the device, or start a vehicle with the device for the purpose of operating the vehicle; or for driving another vehicle that is not equipped with an ignition interlock device. However, one exception exists for driving another vehicle not equipped with an ignition interlock device. Under Kansas law, an offender may drive an employer’s vehicle for work purposes.
Additionally, under Kansas law if a person blows into or starts a motor vehicle equipped with the ignition interlock device so that the person may drive that is also a misdemeanor. Therefore, never blow into an ignition interlock device for someone else, or you could be charged and lose your driving privileges for two years as well.
Ignition interlock devices are also a financial burden on the offender. The offender is responsible for maintaining the device during the period they are required to have it installed on their vehicle and it must be installed on all vehicles they own or lease.
A person who is subject to a ten year restriction will be allowed to petition the court for relief from the restriction after a five year period. Also, a person who is subject to a driving suspension due to a DUI Conviction may, after 45 days of suspension, apply for a interlock ignition restriction for the remainder of the suspension period, which will still be followed by the required ignition interlock restriction based on the number of offenses.
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