The Kansas DUI Commission has finished its work and has made recommendations to the Kansas Legislature. The Senate Judiciary Committee is considering the new bill this week. I have submitted written testimony on behalf of the Kansas Association of Criminal Defense Attorneys to be considered by the Committee. I wrote in opposition to the proposed change to Kansas DUI law to make the refusal of a breath, blood or urine test a crime, in and of itself.
Making refusals a separate crime (which will carry harsher penalties than a DUI) would seriously expand the size and power of the government and create a whole new class of criminals. The proposed legislation would make the crime of refusing a breath test, or blood or urine test, a “strict liability” crime. That is, it would not require any intent on the part of the person to refuse the test. If the test was not completed due to a medical condition, you would be guilty. If a person spoke a foreign language and did not understand what was being asked of him or her, that person would be guilty of the crime. If a person refused a breath test, or a blood test, for religious reasons, he would be guilty. Jehovah’s Witnesses and Christian Scientists have strict prohibitions against medical interventions concerning their blood. Similarly, a deaf person who could not hear what was being asked could be convicted of refusing a test. Any prior DUI from Kansas or another state would be used to enhance the penalties and make the case a felony, and there would be a lifetime lookback on prior occurrences. The increase in costs of litigation and imprisoning people would be phenomenal, and this is at a time when the state has serious financial problems. Needless to say, my testimony was in opposition to this change to Kansas DUI law.
Other changes to Kansas DUI laws would include sending people to prison for 15 months or more for some DUI convictions. Under the current law, people convicted of DUI in Kansas are imprisoned in their local jail, regardless of whether it is a first or subsequent DUI conviction. The new law would also require first-time offenders to get and pay for an ignition interlock device for their cars.
One promising aspect of the proposed changes would allow persons whose licenses are suspended for a year to request an ignition interlock to allow the person to drive to and from work after 45 days. This would at least let people keep their jobs and continue to be productive and support their families.
The bill is 199 pages long. It is a complete overhaul of the Kansas DUI laws. These changes would likely go into effect July 1, 2011. I expect that much of it will pass. Kansas DUI lawyers need to be aware of these proposed changes and actively engaged in the legislative process. One of the best things Kansas DUI lawyers can do now is advise clients of ways that the expected changes may impact their driving privileges after July 1, 2011. The laws concerning driving privileges are often applied retroactively, which means the new laws will be applied to cases that occurred before July 1. It is never too early to begin to plan for these changes, because some may benefit current clients.