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Understanding the Kansas Ignition Interlock Requirements

Here is another video, this one discussing the restriction to ignition interlock device that every DUI conviction or administrative suspension in Kansas requires.

AI Transcript:

00:00 Hi, I’m Jay Norton, Kansas DUI attorney, and I want to talk to you in this video about ignition interlock devices. 00:07 If you get charged with a DUI in the state of Kansas, there is a decent chance that at some point you’re going to have to put an ignition interlock device in any vehicle that you drive. 00:18 As I’ve discussed in other videos, whenever you get arrested for a DUI and you either take a test or take a test and fail it or you refuse a test, you get two different cases going on at the same time. 00:31 You’ve got the criminal case that’s filed against you in the criminal court in whatever city or county that you may be charged in and you have the administrative process against your driver’s license. 00:42 you can lose your driver’s license, you can be suspended and restricted to an ignition interlock device. In either one of those two cases. 00:50 So if you get convicted of the DUI, that is if you plead guilty or you get found guilty, then you’ve been convicted. 00:56 That will trigger a suspension of your driver’s license followed by a restriction to ignition interlock device. How long you’re suspended for and how long you are restricted to the ignition interlock device depends on whether you have prior DUI occurrences on your record and if you took a breath test what 01:16 you blew. in the administrative action it is the same thing: you can be suspended and restricted as a result of the administrative proceedings against your driver’s license. 01:26 How long you will be suspended for and how long you will have to have the ignition interlock device depends on. 01:32 if you took the test and what the number was if it was a breath test or a blood test and you are your test was over 0.15. 01:44 5. That triggers a longer suspension and restriction. If it was between a 0.08 and a 0.15, it can be slightly shorter and it depends on whether you have any prior DUI occurrences in your past or not. 01:59 so there’s two different shots at your driver’s license. You can lose it in either one. If you lose it in one, it will count for the other so you won’t get double dipped. 02:08 You will get credit for one against the other. but you have to hit back to back home runs basically. 02:15 and win both cases In order to avoid there being a suspension or restriction of your driver’s license. Although in the criminal case I will say a diversion does not result in any suspension or restriction to an Ignition interlock device. 02:30 So if you take diversion on a first time DUI and you complete it and there’s no conviction, therefore there is no driver’s license, suspension, or restriction. 02:40 So if you win the administrative hearing, by luck, by skill, whatever, and you took diversion in the criminal case, then you would never be suspended, you would never have to put an ignition interlock device in your car. 02:5 Kansas, as a matter of policy, has favored restrictions to ignition airlock device over suspensions as of the change in the law from 2022. 03:05 Uh, in other words, if you get suspended in either the administrative case or the criminal case, if there is a driver’s license suspension, you can file an application to have that suspension, modified and converted to a restriction to the ignition interlock device. 03:21 So if it’s a first time DUI situation and you refuse a test, you’re looking at a one year suspension, followed by two years of ignition interlock device. 03:29 If you lose administrative hearing and that where to happen, you can file the application to have the suspension modified to a restriction to the ignition interlock device. 03:40 So ultimately you end up with three years of ignition interlock device on any car that you want to drive. 03:48 So know you don’t have to be suspended anymore, you can have that converted to an ignition interlock device. But there are a lot of people that have ignition interlock devices now on their car for years at a time. 04:01 And If you get ordered to have an ignition interlock device in your car, you can drive any car that you want to, but that car has to have an ignition interlock device in it. 04:10 And an ignition interlock device is kind of a hand held sized device. It’s got a little pigtail cord. It’s wired into the the back console of your vehicle. 04:22 It’s connected to your ignition. You’ve got to blow into that device every time that you want to start your car. 04:28 And You also have to do what are called rolling tests. That is you have to blow into the device as you’re driving the car every so often. 04:40 Usually it’s after like 10 or 15 minutes. And then again after another 20 or 30 minutes. Maybe again an hour later 04:47 if you’re continuously driving. Otherwise you have to blow into it every time you want to start that car. And the device checks to see if you have any 04:55 alcohol in your system. If you have alcohol in your system at usually it’s a set at a .03 or .04. 05:02 If you blow numbers over that amount then your car is not going to start. And if you are driving and having to blow numbers over that amount then it’s going to tell you. 05:11 You need to pull over immediately because it’s going to shut the car off. So you have to blow into that machine in order to get the car started. 05:20 Kansas regulations and and now require that any ignition interlock device that you have in your car be equipped with a camera. 05:27 So every time you blow into the machine, it takes a picture so that we know who it was that blew into the machine. 05:34 So, you know, your husband, your wife, your kids, your cousin. and you. your neighbor, anybody can drive your car, but they’re going to have to blow in the machine in order to start it. 05:43 They’re going to blow into the ignition interlock device. And if numbers come up on that, that can be a problem for the person who has been ordered to have the ignition interlock device. 05:52 the picture gets taken that way we know You know, whether it was the person who got the DUI or it was a wife or a spouse or a child or whoever. 06:01 so it’s some layer of protection. It also though prevents people, it used to be that people would blow numbers and because there was no camera they would just claim that it was somebody else and there was no way to prove who it was that blew numbers into the device. 06:14 so you’re gonna have to have an ignition or a device with a camera to comply with Kansas administrative regulations. can get an ignition interlock device put on at any approved provider. 06:27 provider in the state of Kansas. You can get the ignition interlock device put on outside of the state of Kansas. 06:34 So if you’re a Missouri driver or you came from Texas or Illinois and you ordered to have an ignition or an electronic device in your car, you can go get that device put on in your home state. 06:43 It just has to comply with the requirements of Kansas for having a camera and for the agency reporting the installation and the monthly checkups etc to the state of Kansas. 06:58 And really they all comply. I haven’t heard of any company anywhere in America that can not or will not comply with the Kansas requirements for ignition interlock device. 07:10 So you can get it put on anywhere you want to. I usually suggest that people find a place that’s close to, their home or their work because you got to take the car in there to have the device put on. 07:22 And then you have to come back every month to have the data downloaded from that device and for them to you know certify that you still have it in your car and then it’s still hooked up and it’s still functional. 07:35 And eventually of course you got to take it back to to have it taken out. So um you know you’ve got to get to the ignition airlock provider at least once a month and you don’t want one that’s. 07:46 All the way on the other side of town you want one that’s fairly convenient. They’re all pretty much the same. 07:51 Um there are I think three different brand models typically a ignition interlock device. They all work pretty much the same. 08:00 Uh they cost more or less the same. Uh you can shop around on that but typically it’s $150 to have an ignition interlock device installed in your car and it’s usually about $80 a month for the rent. 08:15 If you have the ignition interlock device, if you’re going to have it for more than a year or two, typically the providers will waive the installation fees. 08:25 So you might want to ask about that. they can waive the $150 a month. They usually charge you to put it in. 08:33 They cannot charge you to take it out. So they charge you $150 up front and typically $80 a month. And again, like I said, if you have to have this for two or three years, uh that adds up. 08:44 So there’s there’s quite a bit of money involved and and you can negotiate with them a little bit and shop that around a little bit. 08:53 of July of 2022, the law requires that uh before you can have The ignition interlock device taken out of your car that you have to have basically had no violations for the final 90 days. 09:14 So, the last 90 days of your ignition interlock requirement, you don’t want to have any violations in terms of any tampering or any positive alcohol. 09:28 Test. Um, they want you to show that you have gotten the picture, that you have separated drinking from driving, and that’s not going to be an issue. 09:38 So, there is compliant, what they call compliance based removal law now in Kansas. as you’ve got. You’ve got to demonstrate for a period of time there at the end that you didn’t have any violations or any issues. 09:51 you do blow numbers on the ignition interlock device, you know, that can be done. It can be because of the consumption of alcohol. 09:59 It can also be because of other reasons. And so typically if you blow numbers on the on the device, your car is not going to start and it’s going to tell you to blow again 10:11 in a few minutes and if the next one is clean then that means the first blow was whatever perfume, hairspray, something that sort of interfered with the device. 10:25 if you blow numbers a second time, then you know they know that it is a drinking event and your car is not gonna start and after a certain period of time you’re gonna get locked out of the car and you cannot get the car started again until you have the ignition interlock people unlock it and they’re 10:43 gonna charge you for that. And they charge you for just about anything involved with the ignition interlock device. So if you want to move it from one car to the other, if you have a problem with it, if you get locked out, all of those can be issues. 10:56 you’ve got to spend more money with the ignition interlock provider in order to keep the device serviced and functional. 11:05 And when the ignition interlock device provider puts it in the car, they send a certificate. An installation to the Kansas Department of Revenue. 11:14 That’s how they know that you have the device in your car. And then they do the monthly digital downloads and confirmation that you continue to have it. 11:23 And eventually when it gets taken out, they will submit a certificate. the certificate of de installation to the Department of Revenue and verify that you had the device during that entire time. 11:33 And that’s how you get credit from the Department of Revenue for having the ignition interlock device in your car. If you get In order to have an ignition interlock device in, in, in any vehicle that you drive for a certain period of time, let’s say it’s two years, then the Department of Revenue is going 11:52 to make you do the ignition interlock device for the entire two years. You have to have the device installed. In the car and you have to pay for it during that time. 12:02 So you can’t do a deal where they tell you that you have to have the ignition airlock device for two years and you say I’m just not going to drive and I’m not going to put one in a car and you know just ride the time out because they will not reinstate your driver’s license until you prove that you 12:17 had the ignition airlock device for the required period of time. So there’s kind of no way of getting around it. 12:23 You gotta do it. the only way that you actually- You can get the ignition interlock waived is if your ignition airlock requirement has been extended for more than five years from the date that it was originally required or was originally supposed to end. 12:42 So if you’re supposed to have the ignition interlock device for two years and you don’t get it and then another five years passes and you haven’t had any moving violations and you haven’t had any issues with your driver’s license, you haven’t gotten another DUI etc. 12:57 etc. or the. and the department revenue can waive the ignition interlock device requirement but it’s a it’s a long process to get there and the easiest thing to do is just to have the device put in your car and get the time done. 13:14 As I said before the the you know fees for the ignition interlock device can add up it’s $150 put it in $80 a month typically you know somewhere in that that neighborhood uh for most of these the providers of these to He’s done. 13:29 there is a program in Kansas where if you are uh if you meet the requirements for indigency, if your income is not high there is a sliding scale and you may be able to get some relief up to I think a 50% off of the cost of the ignition airlock device. 13:48 So that is something that the airlock providers are required to tell you and to have um you know the forms for the application to get some of the fees waived on the ignition airlock device. 14:01 So it doesn’t have to cost full price if you meet the the eligibility requirements for a reduction on the fees. 14:10 can drive a vehicle without an ignition interlock device during the period of. restriction to the interlock device. For work purposes. 14:23 Uh so this gets real confusing but if you get suspended and then restricted to the ignition interlock device and you file the application to modify the suspension 14:34 to a restriction to the interlock. Uh you cannot drive an employer’s vehicle during that first year of suspension. 14:43 Um but after that if you have another year or two years of restriction to the ignition interlock device you can drive your employer’s vehicle for your work purposes without an ignition interlock device as long as you don’t own the company. 14:58 So if you get provided a company car at your for your job. You can drive that without an ignition interlock device during the during the restricted period. 15:08 If you have to you know drive a UPS truck or a garbage truck or uh some other vehicle as part of your job you can drive that without an ignition. 15:23 But you’re still going to want to have an ignition interlock device in some other car in your personal car so that you are continuing to click off the time uh in order to. 15:32 You get your driver’s license fully reinstated. uh to wrap up if you get. head ordered by the Kansas Department of Revenue to only operate a vehicle equipped with an ignition airlock device. 15:44 I would suggest that you get one put in at your earliest convenience so that you can start know that getting credit for that time with the ignition. 15:53 The ignition device because you cannot get your driver’s license reinstated until you do all of the ignition airlock requirement that you have to do and if you don’t do it they’re just going to continue to suspend your driver’s license until you get it done. 16:08 meaningful levels. So you want to get the interlock done if you have to do it and get it installed quickly and be diligent about taking it in when you’re supposed to and not having any violations or getting locked out that way you can get it done. 16:25 Get it behind you and get your driver’s license reinstated.

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