Kansas On July 1, 2011, Kansas implemented an all-offender ignition interlock law. From 2006 to 2020 in Kansas, interlocks stopped 123,647 attempts to drive drunk with a breath alcohol concentration of .08 or greater, including 7,852 attempts to drive drunk in 2020. Why does MADD call the law all-offender? In order for a first- time offender must use an interlock in order to drive during a six-month license revocation period.
Grade: C (75/100) Kansas has an effective all-offender interlock law because drunk drivers must use an interlock before obtaining an unrestricted license. However, there is no compliance-based removal law and certain drunk drivers must wait before installing an interlock.
Process to obtain an ignition interlock 1. Obtain an interlock permit from the Kansas Department of Revenue.
2. Serve 45 days of ‘hard suspension.’ After this period, apply to modify license to drive. Once application is approved, the person can drive, with an installed interlock, to and from work or school during the remainder of the suspension. Once suspension period is satisfied, person can then serve the restricted period and drive anywhere with the interlock. 3. Schedule an appointment to have an interlock device installed. 4. Bring paperwork to the interlock installation service center. The center will notify the Driver Control Bureau of the installation. 5. Complete any pending court regulations. Ignition Interlock Law Overview and MADD Legislative Recommendations How soon can an ignition interlock be installed? Duration on ignition interlock Legislative Recommendation First offense 30 days after revocation Six months Eliminate any waiting period for a person before he or she installs an interlock. Second offense 45 days after revocation 1 year First refusal 1 year after revocation 1 to 2 years Can a drunk driver wait out an interlock order? No Compliance based removal? Yes, DMV to put forward rules per 2017 law. Legislative Recommendation Add a compliance-based removal component to the law (a user must prove a certain period of sober driving before exiting the interlock program). Day-for-Day credit for early installation? No Legislative Recommendation Allow for the use of ignition interlock after arrest and credit early installation of an interlock toward time ordered on an interlock upon conviction. Interlocks required for plea agreements or diversion? No
Allow a first-time apprehended drunk driver who did not cause an injury or property damage crash, and successfully completes six continuous months on an ignition interlock and completes other court or department conditions to be granted a plea deal.
Legislative Recommendation
Affordability program? Yes Offender must qualify for food stamps in order to qualify for interlocks at a lesser cost. Interlock providers pay 2 percent of gross revenue into a fund.
Sources: §8-1014(b)(2), §§8-292 and 8-1015, Kansas Highway Patrol, Kansas Department of Revenue.
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