Kansas interlock requirement must be satisfied before a release of the "hold" on license will be achieved

Posted by Matt McLane | Oct 23, 2024 | 0 Comments

Drivers from any state who are dealt a DUI-related suspension in Kansas following a breath test refusal or failure must meet the Kansas interlock requirement before they can renew their license in their home state. Many drivers find out the hard way: they go to their local DMV thinking they can renew their license; however, they are told the Kansas "hold" prevents them from obtaining a license.  The only way to clear the Kansas suspension is to comply with the interlock rules, and they are somewhat confusing.  A breath test over .08 but less than .15 results in a 30-day suspension followed by 180-days of the interlock.  A test over .15 results in a one-year suspension followed by one-year of the interlock.  A test refusal results in a one-year suspension followed by two-years of the interlock.  It is true the refusal laws are quite harsh: two years is quite an extension compared to the 6-month requirement of a test under .15.  I think it is best practice to return to your home state DMV and request a replacement license if it taken by Kansas law enforcement since you will not be suspended in your home state UNLESS a court conviction results from the DUI.  In this event, the court conviction record is sent to your home state DMV for their review and recording on your record (and likely suspension in your home state).  But most first-time offenders do not take a conviction in Kansas due to the flexible "diversion" option allowed under most county attorney guidelines.

In sum, the Kansas interlock rules can hinder your ability to renew your license in your home state until you have met the interlock requirement in Kansas.  The interlock time period is based on your test result and is more punitive for a test refusal.  Therefore, it is wise to return to your home state to obtain a new license if you expect to take a suspension in Kansas.  This practice allows you to carry a valid license from your home state while you deal with the Kansas interlock time periods. 

About the Author

Matt McLane

Matt McLane was born in Topeka, Kansas, and moved to Pittsburg, Kansas in 1980 where he attended middle school, high school and college. Upon graduation from PSU in 1992, Matt moved back to Topeka where he attended Washburn University law school. Upon graduation, he moved to Overland Park and worked in a small firm handling DUI and traffic cases. He opened the McLane Law Firm in April 2011 and has built his firm on a strong referral base and solid reputation.

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McLane Law Firm

Matt McLane has been defending individuals charged with DUI, traffic and criminal offenses since his graduation from Washburn University Law School in 1996. Licensed in the states of Kansas and Missouri. Mr. McLane specializes in DUI and criminal defense throughout the Kansas City metropolitan area.

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