What recent changes have been made to our state’s DUI/DWI laws in Kansas?1. Ignition Interlock Device Required for All Offenders: Effective July 1, 2019, all offenders convicted of a DUI in Kansas are now required to install an ignition interlock device prior to returning to driving.
2. Increased Penalties for BAC above 0.15%: Effective July 1, 2019, anyone convicted of a DUI with a blood alcohol concentration (BAC) of 0.15% or greater will be subject to increased penalties, including a longer license suspension and jail time.
3. Lower Threshold for Enhanced Penalties: Effective July 1, 2019, individuals convicted of a DUI with a BAC of 0.08% or greater will now be subject to enhanced penalties, such as longer license suspension and jail time.
4. Increased Penalties for Child Endangerment: Effective July 1, 2019, individuals convicted of a DUI while transporting a child in the vehicle are now subject to increased penalties, including loss of license and jail time.
Have there been updates to the legal BAC (Blood Alcohol Content) limit in Kansas?Yes, Kansas lowered the legal BAC (Blood Alcohol Content) limit to 0.08 in 2004. Before that, the legal limit was 0.10.
How have penalties for first-time DUI offenders changed in recent years in Kansas?In recent years, penalties for first-time DUI offenders in Kansas have become more severe. In 2012, the state passed a law that mandated jail time for most first-time DUI offenders. Under this law, offenders must serve at least 48 hours in jail, with a minimum sentence of 90 days and a maximum sentence of one year. Additionally, first-time offenders must pay a minimum fine of $500 and may be required to perform community service. Finally, first-time DUI offenders will also face license suspensions of up to one year, and their vehicles may be impounded.
Are there new ignition interlock device (IID) requirements or policies in Kansas?Yes, in July 2020, the State of Kansas enacted new ignition interlock device (IID) requirements. These new requirements include mandating that all drivers convicted of driving under the influence (DUI) must use an IID for a certain period of time, increasing the maximum allowable blood alcohol content (BAC) for an IID conviction to 0.16%, and creating an online registry to track IID offenders. The new requirements went into effect on July 1, 2020.
Have there been changes to the process of DUI checkpoints and stops in Kansas?Yes, there have been changes to the process of DUI checkpoints and stops in Kansas. The Kansas Supreme Court has held that the state must provide advance notice of upcoming DUI checkpoints and that officers must have “specific and articulable facts” before making a stop. Additionally, the court has held that sobriety checkpoints must be conducted in a manner that balances the public’s interest in enforcing DUI laws with individual rights. The court has also held that DUI stops are valid if there is a reasonable suspicion of impaired driving or a violation of motor vehicle laws.
What impact have recent legal changes had on DUI/DWI sentencing in Kansas?Recent changes to Kansas DUI/DWI laws have increased the severity of penalties for those convicted of driving under the influence. Penalties can now include up to a year in jail, suspension of driving privileges for up to a year, fines of up to $2,500, mandatory substance abuse treatment, and required installation of an ignition interlock device. The new law also requires offenders to install the device on any vehicle they own or operate as part of their sentence. This law has made it much more difficult for those convicted of DUI/DWI in Kansas to avoid the serious legal consequences associated with these offenses.
Are there new diversion or treatment programs for DUI offenders in Kansas?Yes, there are new diversion and treatment programs for DUI offenders in Kansas. Diversion programs can include drug/alcohol assessment, attending educational classes, and/or performing community service. Treatment programs include counseling, 12-step programs, behavior modification, and more. In addition, Kansas has recently implemented an ignition interlock device program that requires all drivers convicted of a DUI to install the device in their vehicle for a period of time.
Has the process for DUI/DWI testing or blood draws been modified in Kansas?Yes, the Kansas Supreme Court has recently modified the process for DUI/DWI testing and blood draws. Specifically, the court ruled that law enforcement must obtain a warrant before administering a blood draw or breath test. Furthermore, the court ruled that any evidence obtained without a warrant must be suppressed in court. These changes are expected to take effect on April 1, 2021.
Have recent changes affected the availability of plea bargains in DUI cases in Kansas?No, there have been no recent changes to the availability of plea bargains in DUI cases in Kansas. However, the Kansas Legislature has been considering increasing penalties for DUI offenses, which could impact plea bargain availability in the future.
Are there specific changes in DUI laws for underage drivers in Kansas?Yes, there are specific changes in DUI laws for underage drivers in Kansas. Underage drunk drivers in Kansas can face special penalties for driving under the influence of alcohol or drugs under the Zero Tolerance Law. If an underage driver is found to have a breath or blood alcohol content of 0.02 or higher, they will face license suspension for 30 days and possible fines and community service. In addition, any underage driver who is convicted of DUI faces an automatic 180-day license suspension.
Have there been updates to DUI laws regarding marijuana or other drugs in Kansas?No, there have not been any recent changes to DUI laws regarding marijuana or other drugs in Kansas. The state follows the zero-tolerance policy, meaning that any amount of illegal drugs and/or alcohol found in the system of a driver can result in a DUI charge.
What changes have been made to DUI penalties for commercial driver’s license (CDL) holders in Kansas?In Kansas, the penalties for DUI related offenses among CDL holders have become much more strict in recent years. For the first DUI offense, CDL holders face a one-year disqualification period of their license, along with potential fines and jail time. A second offense will result in a life-time revocation of the license. Additionally, any blood alcohol concentration (BAC) violation of .04 or higher will result in an immediate suspension of the CDL. Finally, CDL holders are also subject to all other applicable DUI laws and regulations.
Are there new reporting requirements for DUI/DWI convictions to other states in Kansas?No, Kansas does not have any additional reporting requirements for DUI/DWI convictions to other states. All states must report convictions to the other states after they are reported to the National Driver Register.
How have recent changes impacted the use of body cameras or dashcams during DUI stops in Kansas?Recent changes to Kansas DUI law have not impacted the use of body cameras or dashcams during DUI stops. Kansas law requires law enforcement officers to use a body camera or dashboard camera when making a DUI stop. The video recorded by the camera must be retained by law enforcement for at least one year, and police officers must indicate on the ticket whether or not a video was recorded. If a video is recorded, it must be provided upon request to the defendant for use in court.
Have there been changes to DUI laws related to accidents causing injury or death in Kansas?Yes, in 2015 Kansas adopted a new law that increased the penalties for DUI-related accidents resulting in injury or death. Under the new law, a DUI-related accident resulting in injury, but not death, now carries a penalty of up to one year in jail and/or a fine of up to $2,500. A DUI-related accident resulting in death now carries a penalty of up to three years in prison and/or a fine of up to $10,000. Additionally, a DUI-related crash causing injury or death carries an automatic license suspension of one year for the first offense, three years for the second offense, and five years for the third offense.
Are there new policies or laws regarding DUI expungement or record sealing in Kansas?No, there are no new policies or laws regarding DUI expungement or record sealing in Kansas. The laws regarding the procedures and eligibility requirements for DUI expungement or record sealing in Kansas have remained unchanged since they were first enacted in 1997.
Have recent legal changes affected DUI insurance rates in Kansas?Recent legal changes in Kansas have had minimal impact on DUI insurance rates. However, insurance companies can take into account driving records when determining rates, so if you have a DUI conviction on your record, it could affect the rate you are offered.
What changes have been made to DUI/DWI court processes and procedures in Kansas?In Kansas, several changes have been made to DUI/DWI court processes and procedures. These changes include:
• Requiring all DUI/DWI offenders to participate in a court-ordered alcohol and drug assessment prior to sentencing.
• Allowing prosecutors to use any evidence, including chemical test results, to prove a DUI/DWI charge.
• Increasing penalties for repeat offenders.
• Establishing specialized DUI/DWI courts for offenders.
• Requiring ignition interlock devices for certain DUI/DWI offenders.
• Creating new probationary requirements for DUI/DWI offenders, including sobriety monitoring and attendance at an alcohol/drug treatment program.
• Enacting tougher laws on underage drinking and driving, including automatic driver’s license suspensions.
Are there additional resources or diversion programs for individuals with substance abuse issues in Kansas?Yes, there are additional resources and diversion programs for individuals with substance abuse issues in Kansas. The Kansas Department of Health and Environment (KDHE) provides a comprehensive list of resources available to individuals. This list includes information about prevention and treatment services, support groups, recovery services, and substance abuse diversion programs. Additionally, many communities in Kansas also have their own local resources for individuals with substance abuse issues. These may include hospitals, clinics, local organizations, churches, and other support groups.
What is the process for staying informed about ongoing and future changes in DUI/DWI laws in Kansas?1. Check the Kansas Department of Revenue’s website for any updates or changes to DUI/DWI laws: https://www.ksrevenue.org/dwi-dui-laws-kansas.html
2. Follow the Kansas Legislature website for any proposed changes to DUI/DWI laws: https://www.kslegislature.org/li/b2019_20/statute/085_000_0000_chapter/default.html
3. Sign up for email alerts from local law enforcement and news sources to stay informed about news related to changes in DUI/DWI laws in Kansas.
4. Contact your local Kansas representative for information about any proposed changes to DUI/DWI laws.
5. Attend educational seminars or workshops related to DUI/DWI law in Kansas.
6. Consult with a local DUI/DWI attorney who can provide current updates on changes to the law in Kansas.