Kansas Ignition Interlock Laws: Duration, Cost, and SR-22

Kansas ignition interlock laws require most drivers convicted of DUI, or caught driving with a blood alcohol concentration at or above 0.08, to install an ignition interlock device (IID) on every vehicle they drive. The device blocks the engine from starting until you pass a breath test, and it demands random retests while you’re on the road. How long you live with it depends on three things: whether you failed a breath test or refused one, how high your BAC was, and how many prior occurrences are on your record. Restriction periods run from 180 days for a clean-record first offense up to 10 years for a fifth or subsequent occurrence.1K.S.A. 8-1014

When Kansas Requires an Interlock

A DUI arrest in Kansas moves on two tracks. The criminal case runs through the courts. The administrative case runs through the Kansas Division of Vehicles, and it’s the administrative side that imposes the IID requirement based on one of two triggers: failing a breath or blood test at 0.08 or higher, or refusing to take the test at all.

A first-time test failure with a BAC below 0.15 draws a 30-day hard suspension followed by the IID restriction period set out in K.S.A. 8-1015. A BAC of 0.15 or higher on a first offense pushes the suspension out to a full year before the IID period even starts. Every repeat offense and every test refusal also triggers a one-year hard suspension before you become eligible for an interlock-restricted license.

How Long the Device Stays On

The restriction period turns on the type of violation and your history. These are administrative penalties, separate from any criminal sentence a court hands down.

Test Failure or DUI Conviction

Under K.S.A. 8-1014, if you failed a test or were convicted of an alcohol- or drug-related driving offense, the IID periods are:

  • First occurrence: 180 days after a 30-day suspension, or one year if you have certain prior convictions or license actions on your record.
  • Second occurrence: one year after a one-year suspension.
  • Third occurrence: two years after a one-year suspension.
  • Fourth occurrence: three years after a one-year suspension.
  • Fifth or subsequent: 10 years after a one-year suspension.

The 180-day figure applies only with a clean driving history. If the Division of Vehicles finds a prior conviction for fleeing or eluding, transporting an open container, any offense listed in the habitual violator statute, or three or more moving violations within 12 months, the first-occurrence IID period jumps to one year.

Test Refusal

Refusing the test is more expensive than failing it. Every refusal starts with a one-year hard suspension before the IID period begins:

  • First refusal: two-year IID restriction.
  • Second refusal: three-year IID restriction.
  • Third refusal: four-year IID restriction.
  • Fourth refusal: five-year IID restriction.
  • Fifth or subsequent: 10-year IID restriction.

The practical difference is significant. A first refusal costs you three years total between suspension and IID time. A standard first test failure costs you roughly seven months.

High BAC on a First Offense

A BAC of 0.15 or higher on a first occurrence swaps the standard 30-day suspension for a one-year suspension, and the IID period that follows is longer than the standard 180 days. A high BAC on a first offense lands you closer to second-offense territory than to a routine first offense.

How the Device Works

Before the engine will start, you blow into the interlock. If your breath alcohol concentration reads at or above the state setpoint of 0.03, the device locks the ignition. That threshold sits well below the legal driving limit, so even a small amount of alcohol keeps the car off.

Once you’re driving, the device calls for rolling retests at random intervals. You have a short window to give a clean sample. Failing a rolling retest doesn’t shut off a running engine mid-drive; the device logs the violation and typically triggers the horn and lights until you pull over and turn the engine off.

Every startup attempt, every breath sample, and every missed retest is stored in the device’s memory and downloaded at each service appointment. That data goes to the Division of Vehicles and the Kansas Highway Patrol.

Installation, Service, and Cost

You have to use a manufacturer approved by the Kansas Highway Patrol, which maintains the list of certified providers. State law requires each manufacturer to run a statewide service network reachable 24 hours a day through a toll-free line.

Service appointments happen at intervals of no more than 60 days. At each visit the technician inspects the device and the vehicle wiring for tampering, recalibrates the unit, and pulls the stored data. Any violations get reported directly to the Division of Vehicles and the Highway Patrol.

You pay for all of it. Expect roughly $3 per day, or about $90 to $100 per month, for the device lease and monitoring, plus separate installation and removal charges. A $100 application fee is also required when you apply for the interlock-restricted license through the Division of Vehicles.

Finishing the Program

Serving the restriction period isn’t enough on its own. To have the device removed and full driving privileges restored, you must complete the ignition interlock device program defined by K.S.A. 8-1015 and rules adopted by the Secretary of Revenue. Completion means that in the 90 consecutive days immediately before you apply for reinstatement, you had no more than two standard violations and zero serious violations.

Standard violations include a failing breath sample on startup, a failed rolling retest, a missed rolling retest, or turning the vehicle off to avoid a retest. Serious violations include tampering with or circumventing the device, and blowing 0.08 or higher during a rolling retest. One serious violation in that final 90-day window resets the clock, even after months of compliance.

Once you clear the window, your service provider sends proof of completion to the Division of Vehicles. You can then apply to have your surrendered license returned, or apply for a new one if the original expired.

Tampering, Lending, and Driving Without the Device

K.S.A. 8-1017 makes it a Class A nonperson misdemeanor, punishable by up to a year in jail, to tamper with the device, ask someone else to blow into it for you, blow into someone else’s device to start their car, or drive any vehicle without an interlock while your license is restricted.

The administrative penalties are the ones that hurt most:

  • First tampering or solicitation conviction: your IID restriction is extended by 90 days.
  • Second or subsequent tampering conviction: your original IID restriction restarts from zero.
  • Driving without an IID while restricted: your original IID restriction restarts from zero.

The restart provision is where people get burned. Eighteen months into a two-year restriction, borrow a friend’s car without an interlock, and the full two years starts over. The time already served counts for nothing.

Challenging the Suspension

You can request an administrative hearing if you believe the suspension was unjustified. The request must be mailed with a postmark within 14 days of receiving the suspension notice, or sent by fax within the same 14 days. Miss the deadline and you lose the right to a hearing. Constitutional arguments can’t be raised at the administrative hearing itself, but they can be preserved for a later petition for judicial review in state district court.

Reduced-Cost Program

Under K.S.A. 8-1016, you can get a 50% reduction in IID program costs if you meet any one of the following:

  • Household income at or below 150% of the federal poverty level.
  • Enrollment in Kansas food assistance, childcare subsidy, or cash assistance programs.
  • Current eligibility for the low-income energy assistance program as determined by the Department for Children and Families.

You submit the request to the Division of Vehicles. If approved, the manufacturer bills at half its standard rate. The Kansas Department of Revenue oversees the program. Given that the full cost over a multi-year restriction can run into the thousands, this is worth applying for whenever you’re close to qualifying.

SR-22 Insurance

A DUI conviction also triggers a separate obligation to file proof of financial responsibility, commonly called an SR-22, with the Division of Vehicles. The filing must be maintained for 12 consecutive months without a lapse. If coverage drops even for a day and the state is notified, the 12-month clock restarts. The SR-22 runs alongside the IID restriction and license suspension on its own timeline. Premiums will almost certainly rise, and some carriers may cancel outright after a DUI, pushing you to find a new insurer willing to write an SR-22 policy.

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    K.S.A. 8-1014