Information on the Ignition Interlock Device in the Wheat State of KS
Kansas City, Wichita, Overland Park, Lawrence, Topeka, Olathe, Manhattan, Dodge City, Shawnee, Leavenworth, and all other cities in the state of Kansas have the same DUI and KS Ignition Interlock laws when it comes to driving after drinking arrests. Drivers caught in this state with a Blood Alcohol Concentration (BAC) of 0.08 percent or more will be detained and charged with Driving Under the Influence (DUI). Additionally, drivers under the age of 21 will be charged with DUI if their BAC is 0.02 percent or above, and commercial drivers who have a BAC of 0.04 percent or more will also be charged.
Research has been conducted by government scientists to determine the level of blood alcohol content that impairs an individual’s ability to drive. The results of these studies showed a BAC of 0.05 percent is enough to impair the ability of most drivers and a BAC of 0.08 percent is enough to impair the ability of all drivers. It was because of this research that almost all states across the US adopted the BAC level of 0.08 percent as the level at which individuals are charged with drinking and driving related crimes. When assessing the chances for whether or not a person will have to get an Ignition Interlock for a DUI in KS, a person needs to first explore every possibility of DUI defense with a DUI arrest review that may be able to avoid the Ignition Interlock and driver’s license suspension consequences in Kansas.
What Are the Ignition Interlock Penalties for Driving Under the Influence (DUI) in Kansas?
KS drivers charged with DUI are considered innocent until proven guilty in a court of law. Should a DUI offenders be convicted of DUI charges, they are then subject to a number of different penalties including jail time, monetary fines, license suspension, and having to use an Ignition Interlock Device (IID). First time DUI offenders in the state of Kansas face penalties that include:
- Minimum 48 Hours in Jail
- Fines Between $750 and $1,000
- Serving a License Suspension Period of a Minimum of 30 Days
- Having to Use an Ignition Interlock Device
These Kansas DUI Ignition Interlock penalties are increased for those individuals considered a 2nd offense or repeat offenders, who have previous drinking and driving related convictions within the last 10 years. Second time DUI offenders in the state of Kansas face penalties that include:
- Five Days to One Year in Jail
- Fines Between $1,250 and $1,750
- Serving a Driver’s License Suspension Length of Time of One Year
- Having to Install an Ignition Interlock Device on Any Vehicle Driven
Third time DUI offenders in the state of Kansas face penalties that include:
- 90 Days to One Year in Jail
- Fines Between $1,750 and $2,500
- Having a Suspended License of One Year or Longer
- Having to Get an Ignition Interlock Device For at Least 2 Years
Fourth time DUI offenders in the state of Kansas face penalties that include:
- 90 Days to One Year in Jail
- Minimum DUI Fines of $2,500
- Serving a Driver’s License Suspension Time of at Least 3 Years or More
- Having to Use an Ignition Interlock Device For Several Years
How the Ignition Interlock Laws Work With the Implied Consent Law in Kansas
Kansas enforces an “implied consent law” when it involves DUI arrests and related charges. Under this law, those issued a driver’s license in the state of Kansas automatically consent to having chemical testing conducted to determine BAC when their sobriety is questioned during a suspected DUI traffic stop. When individuals are arrested and refuse to have this chemical testing done, which is usually a DUI Breathalyzer test, blood, or urine testing, the arresting officer informs them that their refusal for testing result in automatic penalties.
The KS penalties for those who refuse testing include having to pay fines as well as an automatic license suspension and installing an Ignition Interlock device on any car driven. First time DUI offenders in the state of Kansas who refuse testing have their license suspended for one year followed by having to use an car Breathalyzer interlock device for a period of two years. Second offense DUI drivers who refuse to take the breath or blood test will have their driver’s license suspended for a period of one year as well, but will also need to install an Ignition Interlock for a period of three years in Kansas.
What is an KS Ignition Interlock Device and How Does it Work?
An Ignition Interlock Device, also referred to as a car Breath Alcohol Ignition Interlock Device (BAIID) is a device used in an individual’s vehicle that requires the user to blow into the mouthpiece before the vehicle can start. The interlock works by interrupting the signal between the vehicle’s ignition and starter until an acceptable breath sample is provided. The IID analyzes the breath sample given in order to determine BAC – should the offender’s BAC be above the predetermined level (usually 0.04 percent), the Ignition Interlock device will prevent the vehicle from starting.
Conversely, should a DUI offender’s blood alcohol content level be below the predetermined level the, vehicle does start and works normally. Additionally, some IIDs also require drivers to do spot tests after the vehicle has been started – this is a means of preventing other individuals other than the offender from blowing into the DUI interlock device. Should a BAC above the determined level be recorded during one of these stop checks, the vehicle stops, and offenders cannot drive any longer.
When is Using an Ignition Interlock Device Required in the State of Kansas?
Depending on the circumstances surrounding the case, judges may authorize the installation and maintenance of an car Breathalyzer Ignition Interlock device as a term of having a DUI offender’s driving privileges reinstated. Kansas judges can authorize the use of a DUI interlock device for the following 4 situations:
- First time DUI offenders with a BAC over 0.08 percent
- Any DUI offender with a BAC over 0.15 percent
- Second or subsequent DUI offender with a BAC over 0.08 percent
- Any KS DUI offender who refuses a urine, blood, or Breathalyzer test
Who is Responsible for Paying for the Cost of an Ignition Interlock Device in KS?
When a judge orders the use of an Ignition Interlock in Kansas for DUI charges, offenders are responsible for paying all the expenses related to using the device. Individuals should expect to pay a cost of around $100 for installation (some providers offer free installation) as well as anywhere between $75 and $120 a month in lease payments. Additionally, Kansas DUI offenders will have to pay any costs associated with maintaining and servicing the IID. Please note these figures are merely estimations of cost, and all providers have their own charges for these aspects of the Ignition Interlock device.
What is the Process of Installing an Ignition Interlock Device in Kansas?
When a DUI offender is ordered to use an Ignition Interlock to have their Kansas driving privileges and license reinstated, they will have a limited amount of time to obtain the device, install it, and begin using it. Under Kansas law, offenders need to obtain the IID from a state approved provider, which can often be found throughout the state. Additionally, a full list of state approved Ignition Interlock providers can be found on the Kansas DMV website.
Once a convicted DUI driver has contacted an approved IID provider and leased a device, they also have to have the device professionally installed and calibrated per the court’s instructions. Once this has been completed, KS DUI offenders will have to report back to the court, DMV, and/or probation officer with proof that the interlock device has been installed – this is often as simple as providing a copy of the lease and a receipt from the installation. After a Kansas Ignition Interlock attorney reviews a person’s own DUI arrest circumstances online with us as to what exactly happened, the lawyer can then be able to inform a person driver of what possible options are for how to avoid having to get an Ignition Interlock device in: