At an administrative hearing you have the burden of proof to demonstrate that your license should not be suspended. You have the right to cross examine the police officer concerning the facts that led to your arrest.
This is for informational purposes only and should not be construed as legal advice or as creating an attorney-client relationship with the reader. You should consult an attorney for advice regarding your individual situation.
TEST FAILURE
FIRST TIME TEST FAILURE BETWEEN .08 AND .149: Driving privileges are suspended for 30 days and then restricted to only driving with an ignition interlock device for a period of 6 months if the person's driving record is clear, and for 12 months if the person has a prior Minor in Possession/Consumption, Transporting an Open Container, or 3 moving violations within a year on their driving record. The reinstatement fee is $100.00.
FIRST TIME TEST FAILURE OF .150 OR HIGHER: Driving privileges are suspended for one year followed by one year of restriction to only driving a vehicle equipped with an ignition interlock device.
SECOND AND THIRD TEST FAILURE BETWEEN .08 AND .149: Driving privileges are suspended for one year followed by one year of restriction to driving only a motor vehicle equipped with an ignition interlock device. The reinstatement fee is $200.00.
SECOND TEST FAILURE OF .150 OR HIGHER: Driving privileges are suspended for one year followed by 2 years of ignition interlock.
THIRD TEST FAILURE OF .150 OR HIGHER: Driving privileges are suspended for one year followed by 3 years of ignition interlock.
FOURTH TEST FAILURE BETWEEN .08 AND .149: Driving privileges are suspended for one year followed by one year of restriction to driving only a motor vehicle equipped with an ignition interlock device. The reinstatement fee is $300.00.
FOURTH TEST FAILURE OF .150 OR HIGHER: Driving privileges are suspended for one year followed by 4 years of ignition interlock.
FIFTH TEST FAILURE: Driving privileges are suspended for one year followed by 10 years of restriction to only driving a car equipped with an ignition interlock device.
TEST REFUSAL
FIRST TIME REFUSAL: Driving privileges are suspended for one year, followed by one year of only driving with an ignition interlock device. The reinstatement fee is $400.00.
SECOND TIME REFUSAL: Driving privileges are suspended for one year, followed by two years of only driving with an ignition interlock device. The reinstatement fee is $600.00.
THIRD TIME REFUSAL: Driving privileges are suspended for one year, followed by three years of only driving with an ignition interlock device. The reinstatement fee is $800.00.
FOURTH TIME REFUSAL: Driving privileges are suspended for one year, followed by four years of only driving with an ignition interlock device.. The reinstatement fee is $1,000.00.
FIFTH TIME REFUSAL: Driving privileges are suspended for one year, followed by ten years of only driving with an ignition interlock device. However, a driver may petition the court for relief from the interlock restriction after 5 years.
RESTRICTED DRIVER'S LICENSE AFTER 45 DAYS: As of July 1, 2011, any person who is suspended for one year may apply for a restricted license that would allow the person to drive to and from work with an ignition interlock device after serving 45 days of their suspension. For persons who were arrested prior to July 1, 2011, the new laws will be applied retroactively to prior suspensions upon request to the Kansas Department of Revenue.For the diligent DUI representation your case deserves contact the Kerns Law Office at (785) 371-4159. We are accessible to our clients whenever we are needed. Contact us for a free initial consultation.
