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.
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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).