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Thursday, April 26, 2007 - Posts

DUI Crash in Wichita Kansas rocks the boat

KWCH Channel 12 ran a story on Thursday night about the DUI process in Wichita Kansas.  This came after one of their own reporters was hit and injured in an alcohol related accident.  They have investigated the process and found that it is TYPICAL for a DUI offender to not be charged for 4-8 months, with several taking over a year.  While changes are being put in place to correct this problem my question would be, what is the status of their drivers license during this period?  Shouldn't we have something in place to ensure that they are not still on the road the next night hurting someone else?  This sounds like a perfect place for ignition interlock to be used as a condition of bond.  Sound like a crazy idea?  Some states already have such legislation in place to prevent situations just like this.  I found this piece in the Texas statutes, it is for subsequent offenses but is still a great tool that could be utilized.

"Art. 17.441. CONDITIONS REQUIRING MOTOR VEHICLE IGNITION ITERLOCK. (a) Except as provided by Subsection (b), a magistrate shall require on release that a defendant charged with a subsequent offense under Sections 49.04-49.06, Penal Code, or an offense under Section 49.07 or 49.08 of that code:

(1) have installed on the motor vehicle owned by the defendant or on the vehicle most regularly driven by the defendant, a device that uses a deep-lung breath analysis mechanism to make impractical the operation of a motor vehicle if ethyl alcohol is detected in the breath of the operator; and

(2) not operate any motor vehicle unless the vehicle is equipped with that device......."

(To find, follow link and search (CNTRL + F) for interlock in the document.)