K.S.A. 8-1014

Below is K.S.A. 8-1014.  This is the section of the Kansas DUI laws that deal with the administrative penalties for a Kansas DUI.  This is where the penalties that involve the use of ignition interlock devices are set out.  Below you will see that certain areas are highlighted.  The highlighting is to point out each area that is of importance or significance.  Obviously there is a lot of information below, so those areas hopefully help each to follow along and see where the info is that they are looking for.  If you have trouble finding the exact penalties for your particular situation we would be happy to help you decipher this language to tell you exactly what to expect from your Kansas DUI or Ignition Interlock sanction.  This is taken out of the new language that was amended by SB6 and went into law on July 1, 2011.  All language was taken directly from the www.kslegislature.org.  

We understand that this can all be very confusing.  If you are in the need or think you are going to need ignition interlock, or an in car breathalyzer, in Kansas we would be happy to answer all your questions, provide you the forms you will need and guide you in the right direction.  We offer these services free of charge.  If you have a Kansas DUI and need some help understanding the process, Contact Us for questions on Kansas DUI law, Ignition Interlock, or Car Breathalyzer device installation.

Questions about interlock?  1-866-747-8278


Sec. 14. K.S.A. 2010 Supp. 8-1014 is hereby amended to read as follows: 8-1014. (a) Except as provided by subsection (e) and K.S.A. 8-2,142,
and amendments thereto, if a person refuses a test, the division, pursuant
to K.S.A. 8-1002, and amendments thereto, shall:


(1) On the person’s first occurrence, suspend the person’s driving privileges for one year and at the end of the suspension, restrict the person’s
driving privileges for one year to driving only a motor vehicle equipped
with an ignition interlock device;

(2) on the person’s second occurrence, suspend the person’s driving
privileges for two years one year and at the end of the suspension, restrict
the person’s driving privileges for two years to driving only a motor vehicle
equipped with an ignition interlock device;

(3) on the person’s third occurrence, suspend the person’s driving privileges for three years one year and at the end of the suspension, restrict the
person’s driving privileges for three years to driving only a motor vehicle
equipped with an ignition interlock device;

(4) on the person’s fourth occurrence, suspend the person’s driving
privileges for 10 years one year and at the end of the suspension, restrict
the person’s driving privileges for four years to driving only a motor vehicle
equipped with an ignition interlock device; and

(5) on the person’s fifth or subsequent occurrence, revoke suspend the
person’s driving privileges for one year and at the end of the suspension,
restrict the person’s driving privileges permanently for 10 years to driving
only a motor vehicle equipped with an ignition interlock device.

(b) (1) Except as provided by subsections (b)(2), (c) and (e) and K.S.A.
8-2,142, and amendments thereto, if a person fails a test or has an alcohol
or drug-related conviction in this state, the division shall:

(A) On the person’s first occurrence, suspend the person’s driving privileges for 30 days and at the end of the suspension, then restrict the person’s
driving privileges as provided by subsection (b) of K.S.A. 8-1015, and
amendments thereto, for an additional 330 days;

(B) on the person’s second, third or fourth occurrence, suspend the
person’s driving privileges for one year and at the end of the suspension,
restrict the person’s driving privileges for one year to driving only a motor
vehicle equipped with an ignition interlock device; and

(C) on the person’s third occurrence, suspend the person’s driving privileges for one year and at the end of the suspension, restrict the person’s
driving privileges for two years to driving only a motor vehicle equipped
with an ignition interlock device;

(D) on the person’s fourth occurrence, suspend the person’s driving
privileges for one year and at the end of the suspension, restrict the person’s
driving privileges for three years to driving only a motor vehicle equipped
with an ignition interlock device; and

(C) (E) on the person’s fifth or subsequent occurrence, the person’s
driving privileges shall be permanently revoked. suspend the person’s driving privileges for one year and at the end of the suspension, restrict the
person’s driving privileges for 10 years to driving only a motor vehicle
equipped with an ignition interlock device

(2) Except as provided by subsection (e) and K.S.A. 8-2,142, and
amendments thereto, if a person fails a test or has an alcohol or drug-related
conviction in this state and the person’s blood or breath alcohol concentration is .15 or greater, the division shall:


(A) On the person’s first occurrence, suspend the person’s driving privileges for one year and at the end of the suspension, restrict the person’s
driving privileges for one year to driving only a motor vehicle equipped
with an ignition interlock device;

(B) on the person’s second occurrence, suspend the person’s driving
privileges for one year and at the end of the suspension, restrict the person’s
driving privileges for two years to driving only a motor vehicle equipped
with an ignition interlock device;

(C) on the person’s third occurrence, suspend the person’s driving privileges for one year and at the end of the suspension restrict the person’s
driving privileges for three years to driving only a motor vehicle equipped
with an ignition interlock device;

(D) on the person’s fourth occurrence, suspend the person’s driving
privileges for one year and at the end of the suspension, restrict the person’s
driving privileges for four years to driving only a motor vehicle equipped
with an ignition interlock device; and

(E) on the person’s fifth or subsequent occurrence, the person’s driving
privileges shall be permanently revoked. suspend the person’s driving priv-
ileges for one year and at the end of the suspension, restrict the person’s
driving privileges for 10 years to driving only a motor vehicle equipped
with an ignition interlock device

(3) Whenever a person’s driving privileges have been restricted to driving
only a motor vehicle equipped with an ignition interlock device for 10
years under this section, such person may petition any district court for
relief from such restriction after five years of such restriction have been
served. The court shall consider, but not be limited to, whether:

(A) Such person’s driving privileges have been restricted, suspended, revoked or
disqualified pursuant to another action by the division or a court; and (B)
such person proves installation, maintenance and use of an ignition
interlock device approved by the division throughout the five-year period. If the
court finds that the person’s driving privileges should be restored, then the
court shall electronically report such order to the division. The division,
upon receiving such order, shall restore such person’s driving privileges,
unless such person’s driving privileges have been restricted, suspended,
revoked or disqualified pursuant to another action by the division or a
court.

(c) Except as provided by subsection (e) and K.S.A. 8-2,142, and
amendments thereto, if a person who is less than 21 years of age fails a test
or has an alcohol or drug-related conviction in this state, the division shall:

(1) On the person’s first occurrence, suspend the person’s driving privileges for one year. If the person’s blood or breath alcohol concentration is
.15 or greater, the division shall at the end of the suspension, restrict the
person’s driving privileges for one year to driving only a motor vehicle
equipped with an ignition interlock device;

(2) on the person’s second and subsequent occurrences, penalties shall
be imposed pursuant to subsection (b).

(d) Whenever the division is notified by an alcohol and drug safety
action program that a person has failed to complete any alcohol and drug
safety action education or treatment program ordered by a court for a conviction of a violation of K.S.A. 8-1567, and amendments thereto, the division shall suspend the person’s driving privileges until the division receives notice of the person’s completion of such program.
(e) Except as provided in K.S.A. 8-2,142, and amendments thereto, if
a person’s driving privileges are subject to suspension pursuant to this section for a test refusal, test failure or alcohol or drug-related conviction
arising from the same arrest, the period of such suspension shall not exceed
the longest applicable period authorized by subsection (a), (b) or (c), and
such suspension periods shall not be added together or otherwise imposed
consecutively. In addition, in determining the period of such suspension as
authorized by subsection (a), (b) or (c), such person shall receive credit for
any period of time for which such person’s driving privileges were suspended while awaiting any hearing or final order authorized by this act.
If a person’s driving privileges are subject to restriction pursuant to this
section for a test failure or alcohol or drug-related conviction arising from
the same arrest, the restriction periods shall not be added together or otherwise imposed consecutively. In addition, in determining the period of
restriction, the person shall receive credit for any period of suspension imposed for a test refusal arising from the same arrest.
(f) If the division has taken action under subsection (a) for a test refusal
or under subsection (b) or (c) for a test failure and such action is stayed
pursuant to K.S.A. 8-259, and amendments thereto, or if temporary driving
privileges are issued pursuant to K.S.A. 8-1020, and amendments thereto,
the stay or temporary driving privileges shall not prevent the division from
taking the action required by subsection (b) or (c) for an alcohol or drugrelated conviction.

(g) The provisions of subsections (a), (b) and (c), as amended by this
act, may be applied retroactively only if requested by a person who has
had such person’s driving privileges suspended or restricted pursuant to
subsection (a), (b) or (c) prior to such amendment. Such person may apply
to the division to have the penalties applied retroactively, as provided under
subsection (f) of K.S.A. 8-1015, and amendments thereto.
(h) As used in this section, ‘‘suspension’’ includes any period of suspension and any period of restriction as provided in subsection (a) of K.S.A.
8-1015, and amendments thereto.

(a) (1) Whenever a person’s driving privileges have been suspended
for one year as provided in subsection (a), (b) or (c) of K.S.A. 8-1014, and
amendments thereto, after 45 days of such suspension, such person may
apply to the division for such person’s driving privileges to be restricted
for the remainder of the one-year suspension period to driving only a motor
vehicle equipped with an ignition interlock device and only for the purposes
of getting to and from: Work, school or an alcohol treatment program; and
the ignition interlock provider for maintenance and downloading of data
from the device.

(2) The division shall approve the request for such restricted license
unless such person’s driving privileges have been restricted, suspended,
revoked or disqualified pursuant to another action by the division or a
court. If the request is approved, upon receipt of proof of the installation
of such device, the division shall issue a copy of the order imposing such
restrictions on the person’s driving privileges and such order shall be carried by the person at any time the person is operating a motor vehicle on
the highways of this state. Except as provided in K.S.A. 8-1017, and amendments thereto, if such person is convicted of a violation of the restrictions,
such person’s driving privileges shall be suspended for an additional year,
in addition to any term of suspension or restriction as provided in subsection (a), (b) or (c) of K.S.A. 8-1014, and amendments thereto.

(b) (1) On and after July 1, 2011, through June 30, 2015:

(A) Except as provided in subsection (b)(1)(B), when a person has completed the suspension pursuant to subsection (b)(1)(A) of K.S.A. 8-1014,
and amendments thereto, the division shall restrict the person’s driving
privileges for 180 days to driving only a motor vehicle equipped with an
ignition interlock device.

(B) When a person has completed the suspension pursuant to subsection
(b)(1)(A) of K.S.A. 8-1014, and amendments thereto, the division shall restrict the person’s driving privileges for one year to driving only a motor
vehicle equipped with an ignition interlock device if the records maintained
by the division indicate that such person has previously:
(A) Been convicted of a violation of K.S.A. 8-1599, and amendments thereto;
(B) been convicted of a violation of K.S.A. 41-727, and amendments thereto;
(C) been convicted of any violations listed in subsection (a) of K.S.A. 8-285, and amendments thereto;
(D) been convicted of three or more moving traffic violations
committed on separate occasions within a 12-month period; or
(E) had such person’s driving privileges revoked, suspended, canceled or withdrawn.

(2) On and after July 1, 2015:
(A) Except as provided in subsection (b)(2)(B), when a person has completed the suspension pursuant to subsection (b)(1)(A) of K.S.A. 8-1014,
and amendments thereto, the division shall restrict the person’s driving
privileges to driving only under the circumstances provided by subsections
(a)(1), (2), (3) and (4) of K.S.A. 8-292, and amendments thereto.

(B) In lieu of the restrictions set out in subsection (b)(2)(A), the division,
upon request of the person whose driving privileges are to be restricted,
may restrict the person’s driving privileges to driving only a motor vehicle
equipped with an ignition interlock device.
(b) (c) Except as provided in subsection (b), when a person has completed the suspension pursuant to subsection (b) (a), (b) or (c) of K.S.A. 8-
1014, and amendments thereto, the division shall restrict the person’s driving privileges pursuant to subsection (b) (a), (b) or (c) of K.S.A. 8-1014,
and amendments thereto, to driving only a motor vehicle equipped with an
ignition interlock device, approved by the division and maintained at the
person’s expense. Proof of the installation of such device, for the entire
restriction period, shall be provided to the division before the person’s
driving privileges are fully reinstated. Upon restricting a person’s driving
privileges pursuant to this subsection, the division shall issue a copy of the
order imposing the restrictions which is required to be carried by the person
at any time the person is operating a motor vehicle on the highways of this
state.

(d) Whenever an ignition interlock device is required by law, such ignition
interlock device shall be approved by the division and maintained at
the person’s expense. Proof of the installation of such ignition interlock
device, for the entire period required by the applicable law, shall be provided
to the division before the person’s driving privileges are fully reinstated.

(e) Except as provided further, any person whose license is restricted
to operating only a motor vehicle with an ignition interlock device installed
may operate an employer’s vehicle without an ignition interlock device
installed during normal business activities, provided that the person does
not partly or entirely own or control the employer’s vehicle or business.
The provisions of this subsection shall not apply to any person whose
driving privileges have been restricted for the remainder of the one-year
suspension period as provided in subsection (a).
(d)
(f) Upon expiration of the period of time for which restrictions are
imposed pursuant to this section, the licensee may apply to the division for
the return of any license previously surrendered by the licensee. If the
license has expired, the person may apply to the division for a new license,
which shall be issued by the division upon payment of the proper fee and
satisfaction of the other conditions established by law, unless the person’s
driving privileges have been suspended or revoked prior to expiration.
(g) Any person who has had the person’s driving privileges suspended
or restricted pursuant to subsection (a), (b) or (c) of K.S.A. 8-1014, prior
to the amendments by this act, may apply to the division to have the
suspension and restriction penalties modified in conformity with the provisions

of subsection (a), (b) or (c) of K.S.A. 8-1014, and amendments thereto. The
division shall assess an application fee of $100 for a person to apply to
modify the suspension and restriction penalties previously issued. T
he division shall remit all application fees to the state treasurer in accordance
with the provisions of K.S.A. 75-4215, and amendments thereto.
Upon receipt of such remittance, the state treasurer shall deposit the entire amount
in the state treasury and shall credit such moneys to the division of vehicles
operating fund until an aggregate amount of $100,000 is credited to the
division of vehicles operating fund. On and after an aggregate amount of
$100,000 is credited to such fund the entire amount of such remittance shall
be credited to the community corrections supervision fund created by section 3,
and amendments thereto. The application fee established in this
section shall be the only fee collected or moneys in the nature of a fee
collected for such application. Such fee shall only be established by an act
of the legislature and no other authority is established by law or otherwise
to collect a fee. The division shall modify the suspension and restriction
penalties, unless such person’s driving privileges have been restricted,
suspended, revoked or disqualified pursuant to another action by the division
or a court.