Article 10.--DRIVING UNDER INFLUENCE OF ALCOHOL OR DRUGS; RELATED PROVISIONS
8-1014.Suspension and restriction of driving
privileges for test
refusal, test failure or alcohol or drug-related conviction; increased
penalties for blood or breath alcohol concentration of .15 or greater; ignition
interlock
device.
(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 one year 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 two years;
(3) on the person's third occurrence, suspend the person's
driving privileges
for three years;
(4) on the person's fourth occurrence, suspend the person's
driving
privileges for 10 years; and
(5) on the person's fifth or subsequent occurrence, revoke
the person's
driving privileges permanently.
(b) (1) Except as provided by subsections (c) 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, then restrict the person's
driving privileges as
provided by K.S.A. 8-1015, and amendments thereto, for an
additional 330 days;
(B) on the person's second, third or 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 one year
to driving only a motor
vehicle equipped with an ignition interlock device; and
(C) on the person's fifth or subsequent occurrence, the
person's driving
privileges shall be permanently revoked.
(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 person'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, the person's driving
privileges shall be permanently revoked.
(3) Whenever a person's driving privileges have been restricted to driving
only a
motor vehicle equipped with an ignition interlock device, proof of the
installation of such device, for the entire restriction period, shall be
provided to the division before the person's driving privileges are fully
reinstated.
(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, the division
shall:
(1) On the person's first occurrence, suspend the person's driving
privileges for one year. If the person's blood or breath alcohol
concentration is .15 or greater, the
division shall 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;
(2) on the person's second and subsequent occurrences, penalties shall be
imposed pursuant to subsection (b).
(d) Whenever the division is notified by an alcohol and
drug
safety action
program that a person has failed to complete any alcohol and drug safety action
education or treatment program ordered by a court for a conviction of a
violation of K.S.A. 8-1567, and amendments thereto, the division shall suspend
the person's driving privileges until the division receives notice of the
person's completion of such program.
(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), (b) or (c), 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),
(b) or (c), 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 period of restriction, the person shall receive credit for
any period of suspension 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) or (c) for a test failure
and such action is stayed pursuant to K.S.A. 8-259, and amendments thereto, or
if temporary driving privileges are issued pursuant to K.S.A. 8-1020, and
amendments thereto, the stay or
temporary driving
privileges shall not prevent the division from taking the action required
by subsection (b) or (c) for an alcohol or drug-related conviction.
(g) Upon restricting a person's driving privileges pursuant to this section,
the division shall issue a copy of the order imposing the
restrictions which is required to be carried by the person at any
time the person is operating a motor
vehicle on the highways of this state.
(h) Any person whose license is restricted to operating only a motor
vehicle with an ignition interlock device installed may operate an employer's
vehicle without an ignition interlock device installed during normal business
activities, provided that the person does not partly or entirely own or control
the employer's vehicle or business.
History: L. 1988, ch. 47, § 7;
L. 1989, ch. 38, § 37;
L. 1990, ch. 48, § 2;
L. 1990, ch. 47, § 2;
L. 1993, ch. 259, § 6; L. 1993, ch. 275, § 3;
L. 1994, ch. 353, § 10;
L. 1999, ch. 125, § 18;
L. 2001, ch. 200, § 5;
L. 2006, ch. 173, § 3;
L. 2007, ch. 181, § 5; July 1.
Article 10.--DRIVING UNDER INFLUENCE OF ALCOHOL OR DRUGS; RELATED PROVISIONS
8-1014.Suspension and restriction of driving
privileges for test
refusal, test failure or alcohol or drug-related conviction; increased
penalties for blood or breath alcohol concentration of .15 or greater; ignition
interlock
device.
(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 one year 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 two years;
(3) on the person's third occurrence, suspend the person's
driving privileges
for three years;
(4) on the person's fourth occurrence, suspend the person's
driving
privileges for 10 years; and
(5) on the person's fifth or subsequent occurrence, revoke
the person's
driving privileges permanently.
(b) (1) Except as provided by subsections (c) 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, then restrict the person's
driving privileges as
provided by K.S.A. 8-1015, and amendments thereto, for an
additional 330 days;
(B) on the person's second, third or 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 one year
to driving only a motor
vehicle equipped with an ignition interlock device; and
(C) on the person's fifth or subsequent occurrence, the
person's driving
privileges shall be permanently revoked.
(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 person'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, the person's driving
privileges shall be permanently revoked.
(3) Whenever a person's driving privileges have been restricted to driving
only a
motor vehicle equipped with an ignition interlock device, proof of the
installation of such device, for the entire restriction period, shall be
provided to the division before the person's driving privileges are fully
reinstated.
(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, the division
shall:
(1) On the person's first occurrence, suspend the person's driving
privileges for one year. If the person's blood or breath alcohol
concentration is .15 or greater, the
division shall 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;
(2) on the person's second and subsequent occurrences, penalties shall be
imposed pursuant to subsection (b).
(d) Whenever the division is notified by an alcohol and
drug
safety action
program that a person has failed to complete any alcohol and drug safety action
education or treatment program ordered by a court for a conviction of a
violation of K.S.A. 8-1567, and amendments thereto, the division shall suspend
the person's driving privileges until the division receives notice of the
person's completion of such program.
(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), (b) or (c), 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),
(b) or (c), 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 period of restriction, the person shall receive credit for
any period of suspension 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) or (c) for a test failure
and such action is stayed pursuant to K.S.A. 8-259, and amendments thereto, or
if temporary driving privileges are issued pursuant to K.S.A. 8-1020, and
amendments thereto, the stay or
temporary driving
privileges shall not prevent the division from taking the action required
by subsection (b) or (c) for an alcohol or drug-related conviction.
(g) Upon restricting a person's driving privileges pursuant to this section,
the division shall issue a copy of the order imposing the
restrictions which is required to be carried by the person at any
time the person is operating a motor
vehicle on the highways of this state.
(h) Any person whose license is restricted to operating only a motor
vehicle with an ignition interlock device installed may operate an employer's
vehicle without an ignition interlock device installed during normal business
activities, provided that the person does not partly or entirely own or control
the employer's vehicle or business.
History: L. 1988, ch. 47, § 7;
L. 1989, ch. 38, § 37;
L. 1990, ch. 48, § 2;
L. 1990, ch. 47, § 2;
L. 1993, ch. 259, § 6; L. 1993, ch. 275, § 3;
L. 1994, ch. 353, § 10;
L. 1999, ch. 125, § 18;
L. 2001, ch. 200, § 5;
L. 2006, ch. 173, § 3;
L. 2007, ch. 181, § 5; July 1.
Article 10.--DRIVING UNDER INFLUENCE OF ALCOHOL OR DRUGS; RELATED PROVISIONS
8-1014.Suspension and restriction of driving
privileges for test
refusal, test failure or alcohol or drug-related conviction; increased
penalties for blood or breath alcohol concentration of .15 or greater; ignition
interlock
device.
(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 one year 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 two years;
(3) on the person's third occurrence, suspend the person's
driving privileges
for three years;
(4) on the person's fourth occurrence, suspend the person's
driving
privileges for 10 years; and
(5) on the person's fifth or subsequent occurrence, revoke
the person's
driving privileges permanently.
(b) (1) Except as provided by subsections (c) 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, then restrict the person's
driving privileges as
provided by K.S.A. 8-1015, and amendments thereto, for an
additional 330 days;
(B) on the person's second, third or 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 one year
to driving only a motor
vehicle equipped with an ignition interlock device; and
(C) on the person's fifth or subsequent occurrence, the
person's driving
privileges shall be permanently revoked.
(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 person'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, the person's driving
privileges shall be permanently revoked.
(3) Whenever a person's driving privileges have been restricted to driving
only a
motor vehicle equipped with an ignition interlock device, proof of the
installation of such device, for the entire restriction period, shall be
provided to the division before the person's driving privileges are fully
reinstated.
(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, the division
shall:
(1) On the person's first occurrence, suspend the person's driving
privileges for one year. If the person's blood or breath alcohol
concentration is .15 or greater, the
division shall 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;
(2) on the person's second and subsequent occurrences, penalties shall be
imposed pursuant to subsection (b).
(d) Whenever the division is notified by an alcohol and
drug
safety action
program that a person has failed to complete any alcohol and drug safety action
education or treatment program ordered by a court for a conviction of a
violation of K.S.A. 8-1567, and amendments thereto, the division shall suspend
the person's driving privileges until the division receives notice of the
person's completion of such program.
(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), (b) or (c), 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),
(b) or (c), 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 period of restriction, the person shall receive credit for
any period of suspension 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) or (c) for a test failure
and such action is stayed pursuant to K.S.A. 8-259, and amendments thereto, or
if temporary driving privileges are issued pursuant to K.S.A. 8-1020, and
amendments thereto, the stay or
temporary driving
privileges shall not prevent the division from taking the action required
by subsection (b) or (c) for an alcohol or drug-related conviction.
(g) Upon restricting a person's driving privileges pursuant to this section,
the division shall issue a copy of the order imposing the
restrictions which is required to be carried by the person at any
time the person is operating a motor
vehicle on the highways of this state.
(h) Any person whose license is restricted to operating only a motor
vehicle with an ignition interlock device installed may operate an employer's
vehicle without an ignition interlock device installed during normal business
activities, provided that the person does not partly or entirely own or control
the employer's vehicle or business.
History: L. 1988, ch. 47, § 7;
L. 1989, ch. 38, § 37;
L. 1990, ch. 48, § 2;
L. 1990, ch. 47, § 2;
L. 1993, ch. 259, § 6; L. 1993, ch. 275, § 3;
L. 1994, ch. 353, § 10;
L. 1999, ch. 125, § 18;
L. 2001, ch. 200, § 5;
L. 2006, ch. 173, § 3;
L. 2007, ch. 181, § 5; July 1.
