Roth Davies, LLC

7500 College Blvd.
Suite 700
Overland Park, KS 66210

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(913) 451-9500

Roth Davies, LLC

If an individual reads the forms the arresting officer gave them for DUI, they most likely saw the phrase, “ignition interlock device.” An ignition interlock device is a breathalyzer which is mounted inside your vehicle. This device is wired into the vehicle and the vehicle will not start unless a proper breath sample is given. This device will also “go off” intermittently while the car is being operated and will require another breath sample to stay on. Having such a device installed is expensive, embarrassing, and inconvenient. It will need to be calibrated monthly and there is a monthly fee for this calibration.

Installation of an ignition interlock device after a DUI case in Kansas is mandatory if:

  1. A person’s driver’s license is lost administratively.

There are a couple ways a license is lost administratively. The most common is a request for a hearing is not filed within the requisite time period of 14 days. The second is the person loses their administrative hearing. For more information on the administrative hearing clink the link below.

  1. A person’s license is lost because of a DUI conviction.

An ignition interlock device is required if you have a court ordered suspicion because of a DUI charge (either through a finding of guilty at trial or a plea of guilty). For more information on how a DUI conviction affects your license, click the link below.

If a person’s license is suspended because of one of the above reasons, they will not be able to get their license back until they have installed an ignition interlock device in their vehicle for a certain amount of time as required by the State of Kansas.

How long are you required to have it installed?

This depends on a few things.

  1. How many prior DUIs do you have?
  2. Did you take the evidentiary breath test?
  3. If you did take the evidentiary breath test, what was your BAC?

First time DUI

  • If a breath test was taken and the BAC was between 0.08 and 0.15= six months of ignition interlock
  • If a breath test was taken and the BAC was greater than 0.15 = one year of ignition interlock
  • If the breath test was refused = two years of ignition interlock

Second Time DUI

  • If a breath test was taken and the BAC was between 0.08 and 0.15= one year of ignition interlock
  • If a breath test was taken and the BAC was greater than 0.15 = two years of ignition interlock
  • If the breath test was refused = three years of ignition interlock

Third Time DUI

  • If a breath test was taken and the BAC was between 0.08 and 0.15= two years of ignition interlock
  • If a breath test was taken and the BAC was greater than 0.15 = three years of ignition interlock
  • If the breath test was refused = four years of ignition interlock

Fourth Time DUI

  • If a breath test was taken and the BAC was between 0.08 and 0.15= three years of ignition interlock
  • If a breath test was taken and the BAC was greater than 0.15 = four years of ignition interlock
  • If the breath test was refused = five years of ignition interlock

Fifth Time DUI

No matter whether you submitted to a breath test or refused it, ten years of ignition interlock is required

Roth Davies, LLC.

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