Drivers License Bureau Opinion and Ignition Interlock Law

The Hidden Trap for DUI Drivers

The Kansas legislature enacted the most recent amendments to KSA 8-1014 in 2007 to require that drivers whose privileges were suspended for DUI would be required to install an  ignition interlock device in their vehicles for the period their driving privileges are restricted. This can range from one to four years. The interlock devices, which require a sober driver give a breath sample before the vehicle will operate,  must be leased from an approved Kansas firm. They are expensive to lease, cumbersome, and hard to maintain.

Some drivers, considering the cost and hassle of driving with an interlock device, think they will just sit out their suspended and restricted driving periods, park their cars, not install the interlock, and will be eligible for full reinstatement after their time has run. Not so fast, say attorneys for the Kansas Department of Revenue/Driver Control.

The official position of KS DOR is that the statute's language "restrict the person's driving privileges for one year" does not mean a calendar year. That is, if KS DOR says your license will be suspended on January 1, 2010, followed by restricting your driving privileges for one year to to driving only a motor vehicle equipped with an interlock, this does not mean you can just park your car, sit out your suspension/restriction without installing an interlock, and apply for full reinstatement on January 1, 2012. No, KS DOR interprets the phrase to mean "a year of driving", so the requirement waits to jump out and snare the unsuspecting driver. According to KS DOR, it doesn't matter if the driver goes 20 years without driving. They still must have that interlock installed (for one to four years) before they can be reinstated.

Challenges to the law will be ongoing. In the meantime, Kansas DUI drivers get at least one break. KSA 8-1014(h) does allow a driver subject to the interlock requirement to drive an employers vehicle without an interlock during "normal business activities", as long as the driver does not partly or entirely own or control the vehicle or business. The meaning of "normal business activities" will no doubt lead to much creative interpretation.

KS DOR's interpretation of the law makes it all the more critical that drivers facing suspension for DUI seek immediate administrative review of a pending suspension, as Kansas only gives drivers 10 days to request an administrative hearing after being served with a notice of suspension.