Effective July 1, 2013, the new Kansas DUI law allows a driver suspended following a DUI arrest the opportunity to receive a restricted driving permit after serving 45 days (or 90 if a test refusal) of their suspension. The permit requires the installation of an interlock device in their vehicle. The law also requires the interlock device for 6 months (if breath test was under .15) for first-time offenders following the mandatory 30 day suspension. While the new law gives relief to those who would otherwise suffer extended suspensions for breath test refusals or repeat violators, the law also burdens the first time offender who now must maintain the device for six months. I recently represented a middle-aged working professional who provided a breath sample just over the legal limit of 0.08%. When told of the new interlock rules, the client became upset and couldn't understand the rationale behind punishing the first-time offender. The new laws will affect every driver who fails or refuses a breath test. All the reason to contact a lawyer and intiate the process to challenge these suspensions.
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