Smart Start Interlock Devices - Matt Strausz - (866) 747-8278

Wichita DUI Crash leads to town hall meeting.

A recent DUI related crash in Wichita Kansas brings concerned citizens together to discuss the future DUI laws in the state of Kansas.  After an alleged DUI related crash kills a mother and her daughter near a Wichita school, community members gathered together to discuss some new approaches to DUI legislation that would close loopholes that allow people to continue to drive intoxicated.  Increased monitoring at a state level and lifetime requirements to ignition interlock for habitual drunk drivers would be a good start in my opinion. 

Many people in this video clip suggest that permanently suspending an offender after a third conviction would help.  This would only inject hundreds if not thousands of non- licensed, non-insured drivers onto our streets.  The reason we have thousands of driving on suspended cases each year is because people don't quit driving when they lose their license.  They still have kids to take to school, jobs to go to, and groceries to get, doctors appointment, treatment, AA and probation meetings to attend.  In a state like Kansas with many communities not large enough for public transportation, suspending a license permanently is all but a guarantee that they will be driving, just without a license or insurance. 

The statistics that we need are the ones from the Kansas DMV for the years that we have had the ignition interlock laws in place.  We need to be able to show the percentage of people that are re-offending with the ignition interlock on their vehicle in Kansas.  I do not have these numbers but I will be requesting them.  The only safe way to put a habitual violator back on the road is to have an ignition interlock device in place and make the penalty for driving a non-interlock vehicle tremendously steep. 

The point I am getting at is that I agree that there are changes that need to be made, but believing that someone is not going to continue driving because you suspend their license or take away their vehicle is just being blind to the facts, and statistics for that matter.  If we are going to have these offenders on our streets we at least need a device installed that will make sure that their vehicle will not start if they are drinking. 

2007 Kansas DUI Law

Recently it seems like almost weekly I get emails and phone calls asking me about the new Kansas legislation.  Due to this I felt it was important to make a post that explains a little bit about what has changed.  Below you will find a piece of the Enrolled Senate Bill 35 from 2007.  Since this is just a piece I'm sure some of you will want to read the entire 21 pages so just follow this link here and you can read till you go cross eyed.  I have tried to pull the real meat and potatoes of the bill for you to read.  I have highlighted in blue what each section is dealing with. 

• In the first section test refusals are discussed.  This maps out the penalties accessed to anyone refusing to take a test when requested by an officer.
• In the second section high BAC tests are discussed.  A high BAC test is any test where the BAC is at or above a .15.
• In the third section underage drinking and driving penalties are discussed.  This is for anyone under the age of 21 that takes the test and fails it.  There are separate penalties depending on whether it is above or below .15.

Please feel free to send me any questions or comments that you may have.  If I have left anything out that is still wanted I will research it and update this post.   Or as always feel free to email me at matt@smartstartkansas.com , Enjoy!

Smart Start of Kansas provides Kansas ignition interlock services all over the state.  We will always go out of our way to make sure that you have the best overall ignition interlock experience possible.  We are always available by phone at our 24 hour toll free number, 1-866-747-8278, we encourage anyone to give us a call if we help in any way.

__________________________________________________________

Sec. 5. K.S.A. 2006 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 per-
son’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;

(3) on the person’s third occurrence, suspend the person’s driving
privileges for three years;

(4) on the person’s fourth occurrence, suspend the person’s driving
privileges for 10 years; and

(5) on the person’s fifth or subsequent occurrence, revoke the per-
son’s driving privileges permanently.

(b) (1) Except as provided by subsections (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:

(1) (A) On the person’s first occurrence, suspend the person’s driving
privileges for 30 days, then restrict the person’s driving privileges as pro-
vided by K.S.A. 8-1015, and amendments thereto, for an additional 330
days;

(2) (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 for an alcohol-related conviction, restrict the person’s driving privileges for one year to driving only a motor vehicle equipped with an ignition interlock device. Proof of the installation of such device, for the
full year of the restricted period, shall be provided to the division before
the person’s driving privileges are fully reinstated; and

(3) (C) on the person’s fifth or subsequent occurrence, the person’s
driving privileges shall be permanently revoked.

(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 per-
son’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 per-
son’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 per-
son’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 per-
son’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.

(3) Whenever a person’s driving privileges have been restricted to
driving only a motor vehicle equipped with an ignition interlock device,
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.

(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 concentra-
tion 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).

Ignition Interlocks getting to be a popular story

With the new Kansas DUI law taking hold it seems as if every newspaper in the state has ran a story.  The Kansas State Collegian was not going to be left behind.  Here is the piece that they ran.  Enjoy!

New Law Means New Paperwork

Along with the new Kansas DUI law brings new paperwork.  To show proof of installation offenders are now receiving an Ignition Interlock Verification Form.  This form must be filled out by by a certified installation facility, not only upon installation, but on removal as well.  This form will provide proof that the 12 months of interlock were completed.  I will try to get a copy of the new form posted, it may be helpful to those who are or will be tackling this process.  If there are any questions regarding ignition interlock, or the new Kansas DUI law feel free to contact us for answers.  Smart Start of Kansas is always available at our 24 hour toll free number 866-747-8278, or by email.  As always let us know what we can do to better serve you, your emails and comments are always appreciated!

Kansas DUI law in the news

Lawrence Journal World ran an article today about the new DUI  law that went into action on July first.  You can read it in detail here.

Wibw out of Topeka also ran an article on the new law and how ignition interlock will play a part in it in Kansas.  Their article can be found here. 

I imagine this is just the first of many that will be coming as the law takes hold in the next few months.  I will keep posting them as they come.

Questions? Comments?  Feel free to contact us at 1-866-747-8278 or you can get me on our contact us page.

July is here, so is the New Kansas DUI Law

Along with another month brings the implementation of the new Kansas DUI law.  The new law requires proof of installation and proof of removal of your ignition interlock device.  This law requires the completion of a 12 month interlock program in order to get your license reinstated.  In order to prove your time on the interlock program the state will send you a letter that will show a date box for installation and removal.  These boxes must be completed by a certified provider in the stat of Kansas to prove completion of the program.  This new process will likely bring new questions and we want you to feel free to contact us at anytime to answer questions related to this process.  As always feel free to contact me by email on our contact us page, or anytime on our toll free hotline 866-747-8278.

Kansas High BAC Law through to Governor

Senate Bill 35 passed the Kansas House 125-0 and then cleared the Senate 39-0 on Friday, April 27th.  It is now off for its final step awaiting a signature from the Governor.  This bill was changed a little bit in the conference committee and as soon as I get the final draft I will outline how this will change the current Kansas DUI laws. 

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.)

 

And then there were two...

Arizona apparently will try to become the second state to require ignition interlock for all DUI offenders.  They will follow the lead of New Mexico, which passed similar legislation last year.  They may be the next but don't expect them to be the last, MADD is working legislation in several other states this year to get 1st time offender bills through.  Maybe Kansas will follow suit in the coming years. 

Kansas Transportation Safety Conference

Smart Start of Kansas will once again be attending the Transportation Safety Conference.  This year it will take place at the Century II Convention Center in Wichita Kansas.  It will be April 17th and 18th.  There will be several sessions including one on new Kansas laws, including changed DUI laws.  If you can make it stop by our booth and say hello. 

New Kansas DUI legislation???....not yet

The Kansas House adopted the conference committee report 122-0 on 4/3/07.  Things were looking good for the new legislation that would offer increased penalties for DUI offenders that were blowing over .15 BAC.  That is until it went to the Senate for the final vote.  Sen. Phil Journey, who sponsored this bill, made a plea to the Senate prior to the vote.  Under heat from the Kansas Sheriff’s, Journey stated that passing this bill would increase the strain on local jails, many of which are already busting at the seams.  After several were heard voicing similar concerns the Senate rejected the conference committee report. 

So what's next?  Well the Senate sent the bill back to committee again and it should be worked again when the legislature gets back from the break on April 25th.  They will most likely take out the issues associated with increased jail time for so called "aggravated" offenders, and leave most of the bill the same as it is.  There is also a small issue of about $7.6 million in highway funds riding on some of the fixes included in this bill, so don't expect this bill to just vanish.

On a side note I would like to thank and congratulate those who we have elected to represent us for their diligence and hard work.  They worked bills all night and well into the morning, finally getting done around 4 a.m., hard work pays off.

There is an article posted by the Wichita Eagle that talks about this bill, but it is prior to the latest votes, if you're interested here it is.  I will post an update as soon as more information is available. 

Stop the bus

An accident in local Lawrence Kansas involving a party bus headed to the KU vs. KSU football game was involved in an accident.  The Cat Tracker party bus, driven by Brent Simonsson, was headed down Iowa street with passengers on the upper deck.  Two of the passengers struck a bridge as the bus went under killing one and sending the other to the hospital.  The driver was on a restriction to only operating a vehicle with an ignition interlock device installed.  Read more about this fatal local accident here.

Kansas Ignition Interlock Bill Implemented

On July 1st, 2006 Kansas implemented House Bill 2916.  This will mean that anyone receiving a 2nd, 3rd, or 4th DUI on or after July 1st, 2006 will be subject to the new law.  The new law basically requires that the DMV receive proof that an offender has had an ignition interlock device installed on their vehicle before they will begin the 12 month restriction period.  This will be added to K.S.A. 8-1014.  If you have any questions how this will affect you or someone you know, feel free to contact us for answers.  Any questions can be sent to mattstrausz@smartstartkansas.com.

New Kansas DUI law to be implemented.

As of July 1st Kansas now has new DUI laws on the books. The new law will require all 2nd, 3rd and 4th DUI offenders to serve one year with a suspended license followed by one year restricted to interlock.  How is this different you may ask, well Kansas will now require that the offender show proof of completion of a 12 month interlock program to get full driving privileges reinstated.  This will mean that the days of an aforementioned offender just continuing to drive without interlock for the year of interlock restriction are gone.  Although it was the intent of the original law, a loophole that was letting nearly 80% of all second and subsequent offenders slide by has now been closed by our Kansas legislators.  I will have more on this new law and its potential impact to offenders as soon as it is made available. 

Interlock gives freedom to 1st time DUI offenders.

Contrary to popular belief having an ignition interlock device installed is not only for multiple offenders in Kansas.  Kansas laws allow for first time DUI offenders to install an ignition interlock device instead of being bound by the states license restrictions.  As many point out the restrictions, to and from work, to and from school....etc., do not cover to the gas station, to the grocery store and many other common tasks required of most all drivers, offender or not.  If offender has an ignition interlock device installed the only restrictions they are bound by are to be only operating the vehicle on which the device is installed.  This does not currently apply to those who are under the age of 21 when arrested though unfortunately.  This law and many other DUI laws for the state of Kansas can be seen at our Kansas DUI Laws page on our Smart Start of Kansas website.  Smart Start of Kansas is always willing to check out if you are eligible for any of our offered programs, feel free to contact me or our office toll free at 1-866-747-8278.