8-1014 License Suspension for Test Refusal or Failure

Under K.S.A. 8-1014, Kansas has a harsh driver license punishment when a person fails or refuses to submit to a breath or blood test during a drinking and driving investigation.

K.S.A. 2011 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 two years 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 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;

(3) 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 four 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 one year and at the end of the suspension, restrict the

person's driving privileges for five years to driving only a motor ve-

hicle equipped with an ignition interlock device; and

(5) on the person's fifth or subsequent occurrence, suspend the per-

son'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.

(b) (1) Except as provided by subsections (b)(2) 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, restrict the per-

son's driving privileges as provided by subsection (b) of K.S.A. 8-1015,

and amendments thereto;

(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 one year 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 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

(E) on the person's fifth or subsequent occurrence, suspend the per-

son'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 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

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, suspend the per-

son'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.

(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, penalties

shall be imposed pursuant to subsection (b).

(d) Whenever the division is notified by a provider, as de-

fined in K.S.A. 8-1008, and amendments thereto, or a court that the per-

son has failed to follow any recommendation made by the provider or

otherwise ordered by a court for a conviction of a violation of K.S.A. 8-

1567 or section 2, and amendments thereto, the division shall suspend

the person's driving privileges until the division receives notice of the

person's completion of such recommendation.

(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) or (b), 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) or (b), 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 pe-

riod of restriction, the person shall receive credit for any period of sus-

pension 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) for a test failure and such action is

stayed pursuant to K.S.A. 8-259, and amendments thereto, or if tempo-

rary driving privileges are issued pursuant to K.S.A. 8-1020, and amend-

ments thereto, the stay or temporary driving privileges shall not prevent

the division from taking the action required by subsection (b) for

an alcohol or drug-related conviction.

(g) The provisions of subsections (a), (b) and (c), as amended by this

act and section 14 of chapter 105 of the 2011 Session Laws of Kansas,

may be applied retroactively only if requested by a person who has had

such person's driving privileges suspended or restricted pursuant to sub-

section (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 (g) of K.S.A. 8-1015, and amendments thereto.

(h) When modifying penalties pursuant to subsection (g), the division

shall credit any suspension or revocation time in excess of one year which

was imposed and served prior to retroactive application of the provisions

of subsections (a), (b) and (c), as amended by this act and section 14 of

chapter 105 of the 2011 Session Laws of Kansas, toward the required

ignition interlock restriction period imposed pursuant to the retroactive

application of such provisions if: (1) The person's driving record indicates

no driving by the person during the applicable suspension or revocation

period; and (2) the person completes a form prescribed by the division

indicating that the person did not drive during the applicable suspension

or revocation period.

(i) 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.

(2) renders a person unconscious;

(3) the immediate loss of or absence of the normal use of at least one

limb;

(4) an injury determined by a physician to require surgery; or

(5) otherwise indicates the person may die or be permanently disa-

bled by the injury.