As a Kansas DUI defense attorney, people often asking me about the new drunk driving laws that passed in Kansas this past summer. (Legilslation Statute changed July 2011) I love answering their questions and hope to answer more, but I thought I would put a quick reminder about some of the basics.
The new law requires first-time offenders to use an ignition interlock device on their vehicle. According to the Kansas Department Transportation, the law creates a system to track repeat offenders and strengthens most penalties.
When there is a failure of a breath test, on a first time DUI, with a result between 0.08 and 0.15, your license will be suspended for 30 days, followed by six months of ignition-interlock device. However, it will be 12 months of ignition interlock if you have a prior open container violation or three or more moving violations. If the results are over 0.15, your license will be suspended for one year, followed by ignition interlock. The length of the ignition interlock requirement depends on your priors. If it's a second DUI, with results over .,08 but under .15, the license suspension will be similar to the above. where if your result was over .15, but it was your first DUI. If you refused the tests, your license will be suspended for one year, by ignition-interlock requirements.
The new law also creates a central repository that will give law enforcement, prosecutors and judges access to drivers' records, making it easier to track repeat offenders. The law also provides options to get Kansas's version of a hardship license after 45 days. The law also re-legalizes getting a DUI expunged, but you have to wait 10 years. It also changes DUI criminal history for sentencing purposes to look back 10 years. This is a little over-simply stated.
If you are dealing with driving under the influence of alcohol charges, call our Kansas drunk driving defense law firm to speak with an experienced DUI lawyer.