Can I Get a Hardship License After a DUI in Kansas?
Not by that name. Kansas doesn't issue a "hardship" license that limits you to driving to work or school. Instead, if your license is suspended after a DUI arrest or conviction, Kansas law lets you apply to keep driving during the suspension in any vehicle equipped with an ignition interlock device. The application fee is $100, and the state must approve it unless your license is already restricted, suspended or revoked for another reason (K.S.A. 8-1015).
What Kansas Offers Instead of a Hardship License
Under K.S.A. 8-1015, anyone whose driving privileges are suspended under the Kansas DUI license law, K.S.A. 8-1014, can apply to the Kansas Division of Vehicles to have the suspension changed to an ignition interlock restriction for the suspension period. That covers suspensions from a failed breath or blood test, a test refusal and a DUI conviction.
With an interlock-restricted license:
You can drive any vehicle that has an approved ignition interlock installed. The restriction is about the vehicle, not where you're going.
You can't drive a vehicle without one, with a narrow exception for some work vehicles (see below).
You carry the restriction order whenever you drive.
You pay for the device. It must be approved by the Kansas Highway Patrol and maintained at your expense.
The Division approves the application unless your privileges are already restricted, suspended, revoked or disqualified because of a separate action by the Division or a court.
How Long Will My License Be Suspended or Restricted?
It depends on whether you failed or refused the test, your blood or breath alcohol level, and how many prior occurrences you have. Under K.S.A. 8-1014:
Failed test or DUI conviction (under 0.15)
1st: 30-day suspension, then 180 days of interlock
2nd: 1-year suspension, then 1 year of interlock
3rd: 1-year suspension, then 2 years of interlock
4th: 1-year suspension, then 3 years of interlock
5th or more: 1-year suspension, then 10 years of interlock
Failed test or DUI conviction at 0.15 or higher
1st: 1-year suspension, then 1 year of interlock
2nd: 1-year suspension, then 2 years of interlock
3rd: 1-year suspension, then 3 years of interlock
4th: 1-year suspension, then 4 years of interlock
5th or more: 1-year suspension, then 10 years of interlock
Test refusal
1st: 1-year suspension, then 2 years of interlock
2nd: 1-year suspension, then 3 years of interlock
3rd: 1-year suspension, then 4 years of interlock
4th: 1-year suspension, then 5 years of interlock
5th or more: 1-year suspension, then 10 years of interlock
After a first test failure, the 180-day interlock period becomes 1 year if your driving record shows certain prior violations or a prior suspension or revocation (K.S.A. 8-1015(b)).
The suspension periods are where the restricted license helps most. Instead of not driving for a full year, you can apply to drive with an interlock during that year.
How to Keep Driving After a DUI Arrest in Kansas
Request an administrative hearing within 14 days. Your arrest paperwork (the DC-27 form) serves as a temporary license. If you request a hearing within 14 days and pay the $50 fee, you can keep driving until 30 days after the hearing decision (K.S.A. 8-1020). If you don't request one, the suspension takes effect on the 30th day after you were served (K.S.A. 8-1002).
Apply for the interlock restriction. Once you're facing a suspension under K.S.A. 8-1014, apply to the Division of Vehicles and pay the $100 fee.
Install an approved interlock device in the vehicle you'll drive and send the Division proof of installation.
Carry the restriction order the Division issues every time you drive.
The hearing is your chance to challenge the suspension itself, and an attorney can tell you whether it's worth fighting.
Can I Drive My Work Vehicle Without an Interlock?
Sometimes. During an interlock restriction, you can drive your employer's vehicle without an interlock during normal business activities, as long as you don't partly or fully own or control the vehicle or the business (K.S.A. 8-1015(e)).
That exception doesn't apply if you're driving on an interlock restriction you applied for in place of a one-year suspension. If you own your business or your work vehicle, it doesn't apply either.
What Happens if I Drive Without the Interlock?
If you're convicted of violating the restriction, your license is suspended for an additional year on top of the original suspension or restriction (K.S.A. 8-1015(a)).
Violations recorded by the device also matter. To finish the interlock program, you can't have more than two standard violations, such as failing a start-up test, or any serious violation, such as tampering with the device, in the 90 days before you apply to end the restriction (K.S.A. 8-1015(d)).
How Do I Get My Full License Back?
When your interlock period ends, you apply to the Division to complete the program. You'll need proof that the device was installed for the full required period and a clean record of device violations for the last 90 days. You can then apply to get back a surrendered license or, if it expired, have a new one issued.
Talk to a Kansas DUI Lawyer
The 14-day deadline to request a hearing starts when you're served with the notice, usually at the arrest, and missing it means the suspension goes into effect. A Kansas DUI attorney can request the hearing, challenge the test or the stop, and help you keep driving while your case is pending. Call Roth Davies at (913) 451-9500 for a free consultation.
Hardship License FAQs
Does Kansas have a hardship license?
Not a traditional one. Kansas doesn't issue a license limited to driving to work or school. Instead, you can apply for an ignition interlock restriction that lets you drive any vehicle with an approved interlock during your suspension.
Can I drive to work after a DUI in Kansas?
Usually, yes, with an ignition interlock in your vehicle. Some drivers can also drive an employer's vehicle without an interlock during normal business, if they don't own or control the vehicle or the business.
How much does a restricted license cost in Kansas?
The Division of Vehicles charges a $100 application fee. You also pay to install and maintain the interlock device.
Can I get a restricted license if I refused the breath test?
Yes. The interlock restriction is available for suspensions under K.S.A. 8-1014, which includes refusals. A refusal carries a 1-year suspension and longer interlock periods, starting at 2 years for a first refusal. Officers are required to tell you this before the test, on the DC-70 implied consent advisory.
How long do I need an interlock after a first DUI in Kansas?
For a first test failure under 0.15, it's a 30-day suspension followed by 180 days of interlock, or 1 year with certain priors. At 0.15 or higher, it's a 1-year suspension followed by 1 year of interlock.
What happens if I drive without the interlock?
If you're convicted of violating the restriction, your license is suspended for an additional year.