WILL I HAVE TO HAVE A BREATHALYZER IN MY CAR IF I GET A DUI?
Will I be required to have a breathalyzer in my car after a DUI?
If you read the forms that the officer gives you after an arrest for driving under the influence you most likely saw the words, “ignition interlock device.” An ignition interlock device is a simple breathalyzer that is mounted inside a vehicle. This breathalyzer is wired into a car and will not allow the car to start unless a breath sample is given. The interlock device will also periodically “go off” while the vehicle is being operated and require that a breath sample be given. Having an ignition interlock device installed in your vehicle is costly, cumbersome and embarrassing. The ignition interlock device must be calibrated monthly and the ignition interlock device provider will charge a monthly usage fee.
Having an ignition interlock device installed in your car after a DUI case is mandatory in Kansas if:
You lose your license administratively. There are a couple of ways to lose your license administratively. The most common is to not file for your administrative hearing within the requisite 14 days. The second is to lose your administrative hearing. For more information on losing your driver’s license administratively click below.
Is my license going to get suspended because of a DUI charge?
You lose your license due to a conviction for a DUI charge. If you have a court ordered suspension due to a DUI conviction, either through a plea of guilty or after a finding of guilt at trial then you will be required to have an ignition interlock device. For more information on losing your driver’s license after a DUI conviction click below.
Is my license going to get suspended because of a DUI charge?
If your license is suspended due to one of the reasons above, you will not be able to get your license back until you have installed an ignition interlock device in your vehicle for the amount of time required by the State.
This rule used to be absolute. However, under recent changes to Kansas law, if more than five years have passed since you were ordered to have started an ignition interlock, you may apply for license reinstatement and the state MAY grant your request.
If I have to put the ignition interlock device in my car, how long will I have to have it installed?
That depends on a couple of things. Before you can answer that you need to know a couple of things.
How many DUI’s have you had?
Did you submit to the evidentiary breath test?
If you did submit to the breath test, what was your BAC?
First Time DUI
If you took the breath test and had a BAC between .08 and .15 = 6 months ignition interlock is required. If you took the breath test and had a BAC higher than .15 = 12 months ignition interlock is required. If you refused to take the breath test = 24 months ignition interlock is required
Second Time DUI
If you took the breath test and had a BAC between .08 and .15 = 12 months ignition interlock is required. If you took the breath test and had a BAC higher than .15 = 24 months ignition interlock is required. If you refused to take the breath test = 36 months ignition interlock is required
Third Time DUI
If you took the breath test and had a BAC between .08 and .15 = 24 months ignition interlock is required. If you took the breath test and had a BAC higher than .15 = 36 months ignition interlock is required. If you refused to take the breath test = 48 months ignition interlock is required
Fourth Time DUI
If you took the breath test and had a BAC between .08 and .15 = 36 months ignition interlock is required. If you took the breath test and had a BAC higher than .15 = 48 months ignition interlock is required. If you refused to take the breath test = 60 months ignition interlock is required
Fifth Time DUI
10 years ignition interlock required no matter if you submit to the breath test or refuse the breath test