Junction City DUI lawyers discuss driver’s license-suspension-ignition-interlock

The Kansas Department of Revenue will suspend your driving privileges if:

  • You refuse to take a breath or blood test when requested by an officer who has arrested you for a Kansas DUI;
  • You fail the test, i.e., the results show your alcohol concentration is .08 or greater; or
  • You are convicted of a DUI. Pleading guilty or no contest or accepting a diversion agreement counts as a conviction.

However, before the Department of Revenue can suspend your driver’s license for failing or refusing a chemical test, you are entitled to an administrative hearing at which you can contest the validity of the suspension.

If your license is suspended, at the conclusion of the suspension period your driving privileges will be restricted. You will be required to drive only a vehicle equipped with an ignition interlock device for an additional period. An ignition interlock device requires you to furnish a breath sample before starting your vehicle. The device analyses your breath and prevents the engine from starting if you have consumed an alcoholic beverage. To restore your driving privileges, you need to furnish proof that an approved device has been installed in your vehicle. You are required to pay the cost of installation.

Test refusal

If you refuse to submit to the test, your driver’s license will be suspended for one year. The length of time you will be restricted to driving with an ignition interlock device after the one year suspension depends on whether you have previously refused or failed a test or had an alcohol or drug related conviction.

If you have no prior refusals, failures, or convictions, you will be restricted to driving a vehicle with the interlock device for one year after your one year suspension ends. If you have one prior refusal, failure, or conviction, the interlock restriction will last for two years after your suspension. If you have two prior refusals, failures, or convictions, the restriction will last for three years. With three priors, the interlock restriction period is four years and for four or more priors, the restriction period is 10 years.

If you refuse the test, you can still be prosecuted for and convicted of DUI. The prosecutor will be unable to convict you by proving you drove while over the legal limit, but may be able to show you were under the influence to a degree that rendered you incapable of safely driving a vehicle. See What the prosecutor must prove.

Test failure or conviction

Alcohol concentration below .15

If you fail the test or are convicted of DUI and your test results show an alcohol concentration less than .15, your license will be suspended for 30 days. At the end of the suspension period, you will be restricted to driving a vehicle equipped with an ignition interlock device for 180 days. The period is extended to one year for those previously convicted of specified offenses, those with three or more moving violations in a 12 month period, and those who have had their driving privileges revoked or suspended.

If you have one or more prior refusals, test failures, or alcohol or drug-related convictions, your license will be suspended for one year. At the end of the suspension, you will be restricted to driving a vehicle equipped with an ignition interlock device for:

  • One year if you have one prior refusal, failure, or conviction.
  • Two years if you have two prior refusals, failures, or convictions.
  • Three years if you have three prior refusals, failures, or convictions.
  • Ten years if you have four or more prior refusals, failures, or convictions.

Alcohol concentration .15 or greater

If you fail the test or are convicted of DUI and your test results are .15 or greater your license will be suspended for one year. At the end of the suspension period, you will be restricted to driving a vehicle equipped with an ignition interlock device for:

  • One year if you have no prior refusals, failures, or convictions.
  • Two years if you have one prior refusal, failure, or convictions.
  • Three years if you have two prior refusals, failures, or convictions.
  • Four years if you have three prior refusals, failures, or convictions.
  • Ten years if you have four or more prior refusals, failures, or convictions.

Restricted license for work, school, or treatment

If your license is suspended for a year, after 45 days of the suspension, you may apply to the Division of Vehicles for restricted driving privileges for the remainder of the suspension period. If granted, the restricted privileges will permit you to drive only a motor vehicle equipped with an ignition interlock device and only to go to and from work, school or an alcohol treatment program or to and from the ignition interlock provider for maintenance and downloading of data.

The request will be approved if your driving privileges have not been restricted, suspended, revoked or disqualified by some other action of the division or a court. If the request is approved, on receipt of proof that you have installed the ignition interlock device, the Division will issue a copy of its order giving you restricted driving privileges. You must carry the order with you whenever you are operating a motor vehicle on Kansas highways. If you are convicted of violating the restrictions, you driving privileges will be suspended for an additional year.

Get help now with your Junction City DUI and driver’s license suspension

You need to contact a Kansas DUI attorney immediately after a DUI arrest. You have only 14 days from the date you received a notice of suspension to request your administrative hearing. We are dedicated to providing DUI defendants with the best possible defense and to do so, we need to represent you at the hearing.

If you have been arrested for DUI in northeastern Kansas and want help from an experienced Junction City DUI lawyer, give us a brief description of your case using the form on this page. We will respond promptly. Or if you prefer, you may call our office:

Addair Thurston Chtd.
Junction City, Kansas DUI lawyers

725 N. Washington Street
Junction City, Kansas 66441

900 Poyntz Ave.
Manhattan, Kansas 66502