Another legislative session, another attempt to kick around the political football of Kansas DUI law. The Kansas City Star ran a front page story on Sunday about the bills in the Kansas legislature to change to the definition of DUI in Kansas, make the penalties harsher (again), and to change the length of Kansas driver’s license suspensions. All of this in the face of a report by the Kansas Substance Abuse Policy Board calling for a 2 year study into the current Kansas DUI laws before a complete overhaul should occur. As the Board points out, Kansas DUI laws are “dysfunctional”. The problem is, as they note, that the laws are a Frankenstein’s monster which have been continually tinkered with and added to year after year, resulting in a law that is confusing, ineffectual and full of inconsistency. While the legislature cuts programs that assist in providing substance abuse treatment, they would like to increase the jail time for persons convicted of DUI.
Legislators love to talk tough and claim to be “tough on crime”, especially when it comes to DUI, yet they repeatedly fail to recognize that the DUI numbers are going up, the problem is not getting better, and the harsher laws are only resulting in more repeat offenses, more people driving without licenses or insurance, and serious social costs that we cannot afford.
The Substance Abuse Policy Board has it right and the legislators have it wrong. Kansas DUI law is dysfunctional, not because DUI is not a problem, but because jail time and lengthy driver’s license suspensions are not the answer. An alcoholic who commits a repeat offense DUI will go into jail an alcoholic. When he or she is released, whether it be after one day or one year, they will come out an alcoholic. Hitting the streets with no driver’s license, no job, likely no family, and no support is not a recipe for sobriety and driving safety. It is exactly the opposite. The Kansas legislature should heed the advice of the people concerned with solving this societal problem and leave Kansas DUI laws alone for awhile. They should study what is working and what is not and then try to legislate, not from a place of political expediancy, but from a place of wisdom and genuine concern for the safety of our roads and due process of law. Let’s hope that wiser heads prevail in this debate.